LB 2529 
.V4 
1893 
Copy 1 



i;;>ir,JiVai r if I 



'_L'_E3__hij 



SCHOOL LAWS 



OF 



V E I^ DNvd: O IST T 



IN" FORGE 



APRIL 1, A. D. 1893. 



Compiled under an Act of the Legislature 



WILLIAM H. TAYLOR, 



MEMBER OF THE.VERMONT BAR. 



BURLINGTON : 

THE PEBB PRESS ASSOCIATION, PKINTERS ANB BINDERS. 
1893. 



LIBRARY OF CONGRESS. 

(SMITHSONIAN DEPOSIT.) 

cmp. ^"8 IS ^3 

^. Shelf ''^^(.o:. 

UNITED STATES OF AIEEICA. 



THIE 



SCHOOL LAWS 



OF 



^:niTti^oi<rrr 



IN FORCE 



APRIL 1, A. D._18,93. . 
M^l .9 1893 



Compiled under an Act of the Legislature 

■"^r ' BY 



WILLIAM H. TAYLOR, 



MEMBER OF THE VERMONT BAR. 



BURLINGTON : 

THE FREE PRESS ASSOCIATION, PRINTERS AND BINDERS. 
1893. 



V 






PREFACE, 



By authority of No. 108, Acts of 1892, I was appointed by His Excel- 
lency the Governor to compile the school laws of the State in force April 
1st, 1893. I have the honor to submit herewith the result of my labors. 

The work in hand being a compilation and not a revision of the school 
laws, the exact language of the statutes has been preserved. 

The school laws were revised and codified by the Legislatiu-e of 1888; 
consequently the act of that year has been taken as a basis for this compila- 
tion, and the several amendatory acts passed by subsequent Legislatures 
have been applied thereto. Sections in addition to existing laws have been 
distributed throughout the appropriate chapters of the work. 

Proper references have been made below each section, so tliat the 
accuracy of the compilation can be readily tested by reference to the orig- 
inal enactments. Suggestions thrown into the body of the comj)ilation have 
been enclosed in brackets to distinguish them from the language of the 
statutes. 

Part I. contains the general provisions of the school law. AVith the ex- 
ception of Chapter V. and a few sections of Chapter IX., it contains the law 
both for schools under the town system and for those exempted from the 
provisions of the town system act. Part II. contains the parts of the old 
school law continued in force for school districts not abolished by No. 20, 
Acts of 1892. In Part III. wiU be found several topics of interest and value 
to school officers and the public generally. 

The sections in the several chapters are numbered consecutively for 
convenience of reference. 

It has been my endeavor to sunplify the work and thereby to render 
the problem of construing the school laws lessi difficult for school officers. 

WILLIAM H. TAYLOR. 
Hardwick, Vt. , Feb. 6, 1893. 



TABLE OF CONTENTS. 



PART I. 

General Provisions of the Laws Relating to Public Instruction . 

Chapter I. — Superintendent of Education 

Chapter II. — Examiner of Teachers and Town Superintendent.. 

Chapter III. — Normal Schools 

Chapter IV. — Teachers' Certificates 

Chapter V. — Maintenance of Schools. — Town System 

Chapter VI. — School Age. — Attendance 

Chapter VII. — School Year. — Census 

Chapter VIII. — Register and Returns . 

Chapter IX. — School Taxes and School Moneys : 

Chapter X. — Text-books 

Chapter XL — Miscellaneous Provisions 



PART II. 

Special Provisions Relating to Incorporated School Districts and School 
Districts in Unorganized Towns and Gores 

Chapter XII. — School Districts 

Chapter XIII. — Maintenance of Schools by School Districts 

Chapter XIV. — School Taxes and School Moneys - - . 

Chapter XV. — School Houses - 

PART 111. 

Miscellaneous Provisions relating to Public Instruction and the Care and 
Preservation of School Property 

Chapter XVI. — Instruction of the Deaf, Dumb, Blind, etc 

Chapter XVII. — Offenses and Penalties. - 

Chapter XVIIL— Appropriations in Aid of Colleges and to Establish 

Scholarships therein — 

Chapter XIX. — Registration.— Duties of School Officers 



PART I. 



General Provisions of the Laws Relating to Public 

Instruction. 



CHAPTER I. 



SUPERINTENDENT OF EDUCATION. 



Section 

1. Superintendent of education; election; 

general duties ; vacancy. 

2. Salary and expenses. 

3. Office in state house; clerk. 

4. Stationery; disbursements. 

5. Teachers' Institutes. 

6. May require assistance of examiner. 

7. Training in methods; may employ as- 

sistants. 



Section 

8. Expenses of Institutes. 

9. To visit each county, lecture, advise 

etc. 

10. His report. 

11. Printing and distribution of report. 

12. Settlement v?ith auditor. 



Section 1. The General Assembly shall elect, at each biennial session, 
a superintendent of education, who shall have general supervision of the 
pubhc schools of the State, and devote his whole time to the duties of his 
ofi&ce. A vacancy in said oflEice shall be JGilled by the governor. 

1888, No. 9, sec. 1. 

Sec. 2. The superintendent of education shaU receive an annual salary 
of two thousand dollars, and his necessary expenses when traveling on 
official business, to an amount not exceeding six hundred dollars. 

1888, No. 9, sec. 2. 

Sec. 3. He shall have an office in the state house, and may employ a 
clerk to assist in statistical and other office work at an annual compensa- 
tion not exceeding four hundred dollars. 

1888, No. 9, sec. 3. 

Sec. 4. He shall be supplied with stationery for official use, and his 
payments for postage and for freight and express charges necessarily made 
in connection with his official duties, shall be allowed him in the settlement 
of his account. 

1888, No. 9, sec. 4. 



10 COMPILATION OF THE SCHOOL LAWS, 

Sec. 5. The superintendent of education shall hold a teachers' insti- 
tute in each county during each biennial term, and may hold additional 
institutes if in his judgment advisable; but not more than two institutes 
shall be held in any county during a biennial term. An institute shall not 
continue more than four days. 

18S8, No. 9, fiec. 5. 

Sec. 6. If the superintendent of education is unable to be present at a 
teachers' institute, he may direct the supervisor of schools [examiner of 
teachers] of any [the] county to conduct such institute. 

ISSS, No. 9, sec. 6, amendedby 1890, No. 5, see. 8. 

Sec. 7. In every teachers' institute especial attention shall be given to 
the training of teachers in methods of instruction; and the superintendent 
of education may employ persons specially skilled in such work to aid in an 
institute when he deems it advisable so to do. 

1888, No. 9, sec. 7. 

Sec. 8. The entire expense of a teachers' institute shall not exceed 
thirty dollars for each day such institute is in session, and the same shall 
be paid by the superintendent of education, and be received by him from 
the state. 

1888, No. 9, sec. 8. 

Sec. 9. The superintendent of education shall, on occasions other than 
the holding of institutes, visit each county annually, and as many towns in 
each county as practicable, deliver lectures upon educational subjects, con- 
fer with and advise school oflficers. and teachers, and investigate the condi- 
tion of schools. 

1888, No. 9, sec. 9. 

Sec. 10. The superintendent of education shall present to the General 
Assembly, on the first day of each biennial session, a report for the preced- 
ing two years, which shall contain an account of his official doings, a state- 
ment of the condition of the schools and of the expenditure of the school 
money, and such suggestions for the improvement of schools as he deems 
proper. 

1888, No. 9, sec. 10. 

Sec. 11. Not more than four thousand copies of such report shall be 
printed. Each supervisor of the schools [examiner of teachers] shall re- 
ceive twenty copies. Members of the General Assembly, town clerks, dis- 
trict clerks, and principals of graded, union and high schools shall each 
receive one copy. The superintendent of education shall make such dis- 
tribution and shall send the copies, except those for supervisors of schools 



COMPILATION OF THE SCHOOL LAWS. 



11 



[examiners of teachers] and members of the General Assembly, to the 
town clerks, who shall deliver them to the persons entitled thereto. 
1888, No. 9, see. 11. 
Sec. 12. The superintendent of education shall, at the end of every 
three months, file with the auditor an itemized account of his expenses 
verified by his oath; and as soon as the same can be examined, he shall re- 
ceive an order on the treasurer for the amount found due him on such 
account, and for one-fourth of his annual salary. 
1888, No. 9, sec. 12. 



CHAPTER II. 



EXAMINER OF TEACHERS AND TOWN SUPERINTENDENT. 



Section j 

13. Examiner of teachers; appointment; 

vacancy. 

14. Examiner to make arrangements for 

institutes, to furnish statistics. 

15. Compensation. 

16. How removed. 

17. Examiner's report to superintendent 

of education . 

18. Town superintendent ; appointment; 
duties; compensation. 

19. His term of office. 

30, Visit schools, note progress, advise 
teachers. 



Section 

21. Duties, continued. 

~2. May dismiss teachers. 

23. Committee of graded school district 

may unite witli directors to choose 
superintendent. 

24. Towns may unite to employ superin- 

tendent. 
35. Joint committees ; duties ; compensa- 
tion. 

Graded schools with special charters 
may have privilege of section 25. 

Superintendent of two or more towns 
how paid. 



26. 

27. 



Examiner of Teachers. 

Section 13. At each biennial session of the Legislature, or as soon 
thereafter as may be, the State superintendent of education and the governor 
shaU appoint one man in each county, who shall be a resident of the same, 
and who shall be styled examiner of teachers. A vacancy in the office of 
examiner shall be filled by the State superintendent and the governor. 

1890, No. 5, sec. 5., 

Sec. 14. Said examiner shall, under the direction of the State superinten- 
dent of education, make all necessary arrangements for holding teachers' 
institutes in his county as required by law; take measures to secure the at- 
tendance of teachers at the same; give assistance at such institute; and fur- 
.nish such statistical information as may be required. 

1890, No. 5, sec. 8. 

Sec. 15. The examiner shall receive four dollars per day for time 
actually spent in the discharge of the duties of his office, and his necessary 



12 COMPILATION OF THE SCHOOL LAWS, 

expenses, which shall not exceed two dollars a day, and expenditures for 
postage and stationery for official use; and such examiner shall, at the end 
of every six months, file with the State auditor an itemized account of his 
expenses, verified by his oath, and as soon as the same can be examined and 
approved, the State auditor shall transmit to him an order on the State 
treasurer for the amount due him on such account. 

1890, No. 5, sec. 9. 

Sec. 16. Whenever the examiner shall, in the judgment of the State 
superintendent, prove himself unfit for the duties required of him, or his 
services become unprofitable, he may be removed by the State superintend- 
ent and governor, and a successor appointed in his place. 

1890, No. 5, sec. 10. 

Sec. 17. The examiner shall, in the month of June next preceding each 
biennial session of the General Assembly, send to the superintendent of edu- 
cation a report of his work as examiner, with such suggestions as he may 
desire to make. 

1890, No. '5, sec. 11. 

Town Superintendent. 
Sec. 18. The board of school directors shall, on or before the first day of 
April in each year appoint a town superintendent of schools whose duties shall 
be the same as now required of town superintendents, but whose compensa- 
tion shall be fixed by said directors. 

1892, No. 20. sec. 12. 

Sec. 19. The term of office of a town superintendent shall begin on the 
first day of April next after his appointment and continue for one year and 
untU a successor is chosen. 

jR. L. sec. 458, amended by 1892, No. 20, sec. 12. 
Sec. 20. It shall be the duty of the town superintendent of schools to 
visit the schools of the town for which he shall have been appointed, at 
least once each term, and oftener as the school board may direct. He shall 
note the methods of instruction and government, inform himself of the 
progress of the pupils, and give such advice to the teachers as may be 
needed. 

1892, No. 21, sec. 25. 

Sec. 21. He shall, when visiting a school, observe the condition of the 
school house, outbuildings and grounds, see if the school is properly supplied 
with maps, reference books and apparatus, and ascertain if all the pupils are 
provided with necessary text books, and make such recommendations to the 
school directors as to the conditions and needs of the schools as he deems 
best and necessary. 

1892, No. 21, sec. 26. 



COMPILATION OF THE SCHOOL LAWS. 13 

Sec. 22. The town superintendent of each town shall have power to 
dismiss any teacher who, in his judgment, has proved himself incompetent; 
such dismissal shall be given to such teacher in writing, and such teacher 
shall receive pay j3ro rata to the time of dismissal. 

1890, No. 5, sec. 15. 

Sec. 23. In towns having a graded school district chartered by a spe- 
cial act of the Legislature, the directors or committee of the graded school 
district, and those of the town district, may unite in the election of a town 
superintendent; said directors or committee shaU together fix the compen- 
sation of such superintendent, determine the proportion that the graded 
school district and the town district respectively shall pay of the sum so 
fixed, such proportion to be paid out of the treasury of their respective 
districts. 

1892, No. 21, see. 27. 

Superintendents of Two or More Towns. 

Sec. 24. Any two or more towns, the aggregate number of schools in 
aU of which is not more than sixty nor less than thirty, may, by vote of the 
school directors of the several towns, unite for the pui-pose of employing a 
superintendent of schools, under the provisions of this act. 

1892, No. 21, see. 28. 

Sec. 25. When such a union has been effected as provided in this act, 
the directors whose duty it is to elect a superintendent of schools, shaU form 
a joint committee, and for the purposes of this act, said joint committee 
shaU be held to be the agents of the several towns forming the union. Said 
committee shall meet annually,in the month of March, on the second Tues- 
day after the annual town meeting, at some convenient place agreed upon, 
at 10 o'clock in the forenoon, and shall organize by choosing from their num- 
ber a chairman and secretary. Said committee, w^hen oi'ganized, shall 
choose by ballot a superintendent of schools ; determine the relative amount 
of service to be performed by him in each of the towns, fix upon his salary 
and apportion the amount thereof to be paid by each town. But said salary 
shall not exceed in dollars a greater number than one-third the total num- 
ber of weeks of school of all the schools of the town forming the union. 

1892, No. 21, see. 29. 

Sec. 26. Graded schools acting under special charter may avail them- 
selves of the privilege of section twenty-nine of this act, [section twenty- 
five of this compilation], if its directors or committee so elect, and said 
school shall be considered a town for that purpose, and each department of 
said graded schools shall be counted a school for the provisions of said sec- 
tion. 

1892, No. 21, see. 30. 



14 COMPILATION OF THE SCHOOL LAWS. 

Sec. 27. When a superintendent shall have been chosen as provided in 
section twenty-eight of this act, [section twenty-four of this compilation], 
and the several towns shall have paid the apportionment as therein provided, 
the school directors or committee of the several towns shall present a bill to 
the auditor of accounts for a sum equal to twenty per cent of the town ap- 
portionment of the salary of such superinteudent and the auditor of ac- 
counts shall draw his order on the State treasurer in favor of such town for 

said sum. 

1892, No. 21, sec. SI. 



CHAPTER III. 



NORMAL SCHOOLS. 

Section i Sectiok 



28. Normal schools continued till 1900. 

29. Appointment and removal of teachers. 

30. Courses of study. 

31. State aid withheld when provisions of 

section 30 not complied with. 

32. Examinations. 

33. Towns entitled to scholarships. 

34 and 35. Town superintendent may ap- 
point or recommend for scholarship; 
qualifications of appointee. 



36. Vacant scholarships, assignment of. 

37. Amount of scholarships; conditions of 

payment. 

38. State appropriation payable semi-an- 

nually in June and December. 

39. Additional appropriation payable an- 

nually in December. 

40. Conditional appropriation. 

41. Training school department of graded 

schools. 



Section 28. The normal schools at Randolph, Johnson and Castleton 
are continued until August, A. D. 1900. 

R. L. sec. 462, amended by 1888, No. 10, sec. 1. 

Sec. 29. The State superintendent of education shall nominate and ap- 
prove a principal teacher and a first assistant teacher for each normal 
school, and shall withdraw such approval when the interests of the school 
demand; and no person not so nominated, or the approval of whom is with- 
drawn, shall be employed as such principal or first assistant; but the prin- 
cipal may select his other assistants and provide for the disciphne of the 
school. 

R. L. sec. 463. 

Sec. 30. There shall be two courses of study in a normal school and no 
more. Each course shall contain such branches as the trustees of the 
school and the Srate superintendent shall agree upon; but no foreign lan- 
guage, ancient or modern, shall be included therein. No study or subject 
not included in the established courses shall be taught in a normal school, 

R. L. sec. 464. 



COMPILATION OF THE SCHOOL LA^VS. 15 

Sec. 31. The State superintendent shall ascertain each term of half 
year whether the provisions of the preceding section have been complied 
with, and in case of non-compliance on the part of the school, or of the 
trustees or teachers thereof, shall withhold the certificates upon which the 
auditor of accounts is authorized to draw his order for the payment of 
moneys to such school. 

E. L. sec. 465. 

Sec. 32. The examination for admission to a normal school shall be 
controlled by the trustees of such school and the State superintendent. The 
examination for graduation shall be conducted by a board consisting of the 
State superintendent, the principal of the normal school, and a practical 
teacher who shall be annually appointed by the governor from the congres- 
sional district in which such school is located, and who shall receive four 
dollars a day and his traveUng expenses wliile in the discharge of such 
duties. Such board shall attend and assist at such examination ; and shall 
grant certificates of graduation to all who pass the required examination in 
the first course or both courses, but may revoke said certificate upon cause 
shown. 

R. L. sec. 466. 

Sec. 33. Each town shall be entitled to one scholarship in a normal 
school, and a person appointed to a scholarship may attend either of the 
normal schools in this State at his election. And each State normal school 
shall be entitled to twenty scholarships in addition to the scholarships it may 
have by reason of such town scholarships. 

R. L. sec. 467, amended by 1892, No. 24, sec. 1. 

Sec. 34. The town superintendent may appoint to a scholarship, for 
the period required to complete a course of study in the school, any person 
who is an inhabitant of the town, of good character, fifteen years of age or 
more, who declares it to be Ms purpose to complete at least one of the 
coiirses of study in the normal school, and to teach in the common schools 
of the State for two years after graduation; and upon passing the examin- 
ation for admission to the school, such person shall be entitled to the priv- 
ileges thereof. The town superintendent shall notify the trustees of the 
school of such appointment before the first day of the term in which the 
appointment is to take effect. 
R. L. sec. 468, amended by 1888, No. 9, sec. 292, and 1890, No. 5, sec. 1. 

Sec. 35. If the scholarship of the town is akeady filled through appoint- 
ment by himself or by his predecessor, he may recommend for scholarship 
to the trustees of either of the normal schools, any person whom he could 
appoint to the scholarship of his town. 

R,. L. sec. 469, amended by 1888, No. 9, sec. 292, and 1890, No. 5, sec. 1. 



16 COMPILATION OF THE SCHOOL LAWS. 

Sec. 36. A scholarship vacant by the failure of the town superin- 
tendent to appoint a suitable person, or by the unexcused absence of the 
holder of the scholarship, may be assigned, by the trustees, for one term 
only, to any person recommended by a town superintendent and who passes 
the required examination. But no town shall have more than ten scholar- 
ships in one term. 

R. L. 470, amended by 1888, No. 9, see. 292, 1890, No. 5, sec. 1, and 1892, 

No. 24, sec. 1. 

Sec. 37. A scholarship shall be reckoned at twelve dollars a half year; 
and the trustees of each normal school may present their claim to the 
auditor of accounts in the months of June and December for such sum as 
will be produced by the number of scholarships filled in their school for the 
half year then current. The State superintendent, during each half year, 
shall examine the records of each normal school, and if he finds that the 
scholarships have been granted according to law and only in such numbers 
as the law allows, and that the provisions of law respecting courses of study 
have been complied with, shall give his certificate to that efiiect; and the 
auditor shall draw his order on the treasurer of the State for the amount of 
the claim presented by the trustees only when the claim is accompanied by 
such a certificate from the State superintendent. 

R. L. see. 471. 

Sec. 38. Five hundred dollars a year is appropriated to each normal 
school, to be expended by the trustees thereof under the direction of the 
State superintendent, in aiding such schools ; and the auditor of accounts 
shall draw his order on the treasurer of the State, for one-half of the above 
named sum in each of the months of June and December, on the presenta- 
tion by the trustees of such school of their claim therefor, with a certificate 
of the State superintendent that the school has complied with the provisions 
of law respecting normal schools. 

R. L. sec. 472. 

Sec. 39. The additional sum of one thousand five hundred dollars a 
year is hereby appropriated to each of the normal schools in the State, to be 
expended by the trustees thereof, under the direction of the State superin- 
tendent, in aiding such school; and the auditor of accounts shall draw his 
order on the treasurer of the State, in the month of December, on the pre- 
sentation by the trustees of such school of their claim, therefor, with a cer- 
tificate of the State superintendent that the school has complied with the 
law respecting normal schools. 

1882, No. 27, sec. 1, and 1892, No. 23, sec. 1. 

Sec. 40. If , in addition to all sums received from the State by direct 
appropriation, from State scholarships, from tuition and from the rent of 



COMPILATION OF THE SCHOOL LAWS. 



17 



county grammar school lands, the trustees of a normal school shall, in any 
year, furnish and use, under the direction of the State superintendent, for 
the current expenses of the school, the sum of five hundred dollars, they 
shall receive from the State an equal sum which shall be used in paying for 
instruction in such school. The auditor of accounts shall draw his order for 
the payment of such sum in half yearly installments, in June and December, 
upon the receipt of the claim of the trustees therefor accompanied by a 
certificate from the State superintendent that the condition upon which 
such sum is appropriated has been complied with. 

B. L. sec. 473. 

Sec. 41. A graded school organized in accordance with a special act of 
the General Assembly, and situated in a county in which there is no normal 
school, may establish, in connection with such graded school, a training 
school department for the instruction and training of teachers. The State 
superintendent shall establish two courses of study in such training scliool 
similar to those of normal schools. The examining board for such training 
school shall be composed of the State superintendent, the principal of the 
school and the examiner appointed for the normal school in the same con- 
gressional district. Such board shall have the same powers and be liable to 
the same duties as the examining board of a normal school. 

R. L. sec. 474. 



CHAPTER IV. 



TEACHERS' CERTIFICATES. 



Section 

42. Certificate necessary; age of candi- 

date. 

43. Normal school certificate. 

44. Graduate of lower course may have 

further examination and certificate. 

Unlimited certificate. 

Certificate to normal school graduate 
of another state. 

State superintendent to prepare ques- 
tions and fix standard of examina- 
tion. 

Examination papers to be preserved; 
teacher must exhibit certificate or 
permit before employed. 

Time and place of examinations, how 
determined. 

How and by whom conducted. 



45. 
46. 



47. 



48. 



49. 
50. 



Sbction 

51. Examiners to issue certificates of three 
grades; limitations. 

53. Private examinations; records and re- 
ports; certificates void, when. 

53. Certificate of teacher in graded or 

union school continued in force, 
when. 

54. Graded school defined. 

55. College graduate entitled to certificate 

of first grade, when. 

56. Unlimited certificate. 

57. Holder of State certificate to notify 

town superintendent. 

58. Town superintendent may issue per- 

mits; number that may be granted 
during single term; number of renew- 
als. 

59. Expenses of examinations, how paid. 



Section 42. No person shall teach a public school without having a 
certificate or a permit as hereinafter provided, and a contract for teaching 



18 COMPILATION OF THE SCHOOL LAWS. 

shall be void if the teacher does not obtain said cei'tificate or permit before 
opening school; but this provision shall not apply to the principal teacher 
of the highest department of a graded school. No certificate shall be granted 
to a person! not seventeen years of age. 

188S, No. 9, sec. 40, amended by 1890. No. 5, sec. 4. 

Sec. 43. A certificate of graduation from the lower course of a normal 
school in this State, shall be a license to teach in the pubhc schools of the 
State for five years from the date thereof; and a certificate of graduation 
from the higher course of such normal school shall be a license to teach in 
the public schools of the State for ten years from the date thereof. 

1888, No. 9, sec. 4I. 

Sec. 44. A graduate from the lower course of the normal school, at the 
fifth annual examination after his graduation, on presenting to the exam- 
ining board of such school satisfactory evidence that he has taught success- 
fully in the pubhc schools of the State one hundred weeks since his gradu- 
ation, may be admitted to an examination in the higher course of study in 
said school, and on passing a satisfactory examination therein, shall receive 
a certificate thereof from the board of trustees of said school, which shall 
be a Ucense to teach for ten years in the pubhc schools of the State. 

1888, No. 9, sec, 42. 

Sec. 45. A graduate of such normal school holding a ten years' certifi- 
cate, who has taught two hundred weeks under such certificate, may, at 
the expiration thereof, be granted by the concurrent action of the superin- 
tendent of education and the examiner of schools of the county where such 
person last taught, without examination, a certificate authorizing such 
person to teach in the pubhc schools of the State until such certificate is 
revoked by like concurrent action. 

1888, No. 9, sec. 43, amended by 1890, No. 5, sec. 2. 

Sec. 46. An examiner of schools may grant to graduates from the 
highest course of a normal school in another state, certificates of qualifica- 
tion, which shall in his own county confer the same authority to teach, and 
be subject to the same provisions, as certificates of graduation from the 
same course of a normal school of this State. 

1888, No. 9, sec. 44, amended by 1890, No, 5, sec. 2. - 

Sec. 47. The superintendent of education shall- prepare printed ques- 
tions for examinations and blanks for teachers' certificates, and shall trans- 
mit the same to the examiners; he shall also fix the standard which shall 
be reached in the examinations. 

1890, No. 5, see. 12, 



COMPILATION OF THE SCHOOL LAWS. 19 

Sec. 48. All examination papers shall be preserved at the office of the 
examiner, at least one year, and be subject to the inspection of the superin- 
tendent of education. No person shall be employed or paid for services as 
teacher unless he shall exhibit to the prudential committee [or school direc- 
tors] a State certificate from the examiner, or a permit from the town su- 
perintendent, that he is qualified to teach the school for which he may 

apply. 

1890, No. 5, sec. IS. 

See sees. 43 and 44- 

Sec. 49. The Csaid) examiner, after consultation with the town super- 
intendents of the county, shall, in the spring and autumn of each year,make 
arrangements for a public examination of applicants for teachers' cei'tifi- 
cates, at such places and times as shall best accommodate the teachers of 
the county, at as many places as may be agreed upon by the examiner and 
superintendents; and candidates for examination may choose which of said 
examinations they will attend. 

1S90, No. 5, sec. 3. 

Sec. 50. Such examination shall be both oral and written, and shall be 
conducted by the examiner, but if he be prevented by sickness or other 
cause, he may employ some competent person to conduct such examination; 
and the examiner may afterward grant certificates, upon the examination 
papers and the report of the person who conducted the examination; and 
should such examiner be unable to issue seasonable certificates, then the 
State superintendent shall issue such certificates, and said certificates shaU 
be of the same validity as if issued by the examiner. 

1890, No. 5, sec. S. 

Sec. 51. The examiner shall issue certificates of three grades, viz: A 
certificate of the first grade shall be given only to one who has taught forty 
weeks successfully, and whose examination papers shaU have shown the 
applicant to have reached the standard required by the State superintendent, 
shall have passed a satisfactory oral examination, and shall have given evi- 
dence of good moral character and ability to govern; such certificate shall 
be a license to teach for five years fj-om its date, in any town in the State. 
A certificate of the second grade shall be granted only to one who has taught 
successfully twelve weeks, and shall have passed a satisfactory examina- 
tion in all branches required by law to be taught in common schools, and 
whose examination papers shall have shown the applicant to have reached 
the standard required by the State superintendent of education, and shall 
have given evidence of good moral character and ability to govern; such cer- 
tificate shall be a hcense to teach for two years from its date, in any town 
in the State. A certificate of the third grade shall be a license to teach for 
a specified time, not to exceed one year, and may, at the discretion of the 



20 COMPILATION OF THE SCHOOL LAWS. 

examiner, be limited to the teaching of a particular school. A person who 
has twice taken a certificate of the third grade, and who has taught at least 
twenty-four weeks, shall not afterwards be given a certificate of that 
grade. 

1890, No. 5, sec. 5. 

Sec. 52. Said examiner may also give an applicant a private examina- 
tion, when in his judgment the exigencies of the case may require the 
same. Said examiner shall furnish to each person examined by him a cer- 
tified statement of the percentage attained by such person in the different 
branches in which he has been examined at any given examination, and 
shall keep a record of the name, age and residence of each person examined 
by him, and tlie date and grade of each certificate issued; no applicant who 
shall fail to pass the required examination shall have another examination 
within three months thereafter; and should any person obtain a certificate 
contrary to the provisions of this act, such certificate shall be void. 

1890, No. 5, sec. 6. 

Sec. 53. Certificates held by teachers employed continuously in graded 
and union schools, shall remain in force for such length of time as the hold- 
ers of such certificates continue in the employ of such graded or union 
school. 

1890, No. 5, sec. 7. 

Sec. 54. A school maintained by a town or district not less than thirty 
weeks each year, and consisting of three or more departments, taught by 
four or more teachers, having an established course of study, and having 
all the departments under control of one principal teacher, shall be a graded 
school. 

1888, No. 9, sec. lOS. 

Sec. 55. A graduate of any college whose course of study is approved 
by the superintendent of education, who has taught in the public schools 
of the State twenty -four weeks, may receive from the supervisor [examiner} 
of schools of the county where such person last taught, without examina- 
tion, a ertificate of the first grade, if in the judgment of the supervisor 
[examiner], such person has fully proved his ability to instruct and govern. 

1888, No. 9, sec. 57. 

Sec. 56. A person who has held examiners' certificates of the first 
grade for ten successive years, and has during that time taught two hun- 
dred weeks in the public schools of the State, maj', at the end of such 
time, be granted the certificate provided for in section forty-three [section 
forty-five of this compilation] in the same manner and with the same 
effect. 

ISSS, No. 9, sec. 59, amended by 1890, No. 5. sec. 2. 



COMPILATION OF THE SCHOOL LAWS. 



21 



Sec. 57. A teacher holding a State certificate shall notify the town 
superintendent of the county [town] in which he is to teach before com- 
mencing his school that he holds such certificate, and shall submit the 
same to the inspection of the town superintendent on request. 
1888, No. 9, sec. 60, amended by 1890, No. 5, sec. 2. 

Sec. 58. The town superintendent may issue permits to teachers to 
teach particular schools for a single term ; but such permits shall not be re- 
newed more than three times to any one person, nor shaU more than three 
such permits be granted in one town during the same school term. 
1890, No. 5, sec. U. 

Sec. 59. The superintendent of education shall procure the printing of 
the questions prepared for written examinations, and the cost of such priut- 
ing shall be allowed as a part of his expenses. The advertising and other 
necessary expenses of a public examination of teachers shall be paid 
by the supervisor [examiner] and be repaid him upon the settlement of his 
accoiint. 



1888, No. 9, sec. 65. 



CHAPTER V. 



MAINTENANCE OF SCHOOLS.— TOWN SYSTEM. 



Section 

60. Abolishment of district system; dis- 

tricts liaving special charters and dis- 
tricts in unorganized towns and gores 
excepted. 

61. Rights of voters in graded school dis- 

tricts. 

62. Towns to have charge of school prop- 

erty; indebtedness of districts, how 
liquidated. 

63. Appraisal of school property by select- 

men. 

64. Town to provide and maintain school 

houses. 

65. Apportionment of school property in 

fractional districts. 

66. Fractional districts; appraisal, where 

recorded. 

67. School directors; election; vacancies; 

term of of&ce. 
67a, Chairman of board, how chosen. 



Section 

68. School of&cers to be voted for upon 

separate ballot ; rights of women to 
vote and hold office. 

69. School directors; their duties. 

70. Powers of directors respecting school 

houses and sites. 

71. Schools; number of weeks required; 

studies; directors to determine places 
and times of holding schools; may 
convey pupils to and from schools . 

Instruction of advanced pupils ; town 
central schools. 

Directors may receive pupils from 
other towns; restrictions. 

Instruction of pupils in schools of an 
adjoining town. 

Education of advanced pupils provid- 
ed in graded schools and academies. 

Annual report of directors. 

Compensation of directors. 

Clerk of board; appointment; duties; 
compensation. 



72. 
73. 
74. 

75. 

76. 

77. 
78. 



Section 60. After the date on which this act shall take effect, [April 
1st, 1893]-, each town ia this State shall constitute a single district for 
school purposes, and the divisions of the town into school districts hereto- 



22 COMPILATION OF THE SCHOOL LAWS. 

fore existing, shall no longer exist, except for the settlement of their pe- 
cuniary affairs. 

But school districts organized under special acts of the Legislature, and 
school districts in unorganized towns and gores shall in no way be affected 
'by the provisions of this act, unless, at a meeting legally warned, they shall 
vote to become part of the town district system. 

1S92, No.W, sec. 1. 
Sec. 61. In towns having a gi-aded school district chartered by a 
special act of the Legislature, the voters in said graded school district shall 
not be entitled to vote in town meetings in any matters pertaining to the 
schools of the town district, or for the election of school officers in such 
town. 

1892, No. 21, sec. 23. 

Sec. 62. The several towns shaU take charge of the school houses and 
property belonging thereto, within then- respective limits, and all debts out- 
standing that have accrued for the purchase of land, erection of school 
houses and repairs on school houses, shall be audited and paid by the re- 
spective towns. All other indebtedness of any school district shall be paid 
by said district in the settlement of their pecuniary affairs. 

1892, No. 20, sec. 2. 

Sec. 63. The selectmen shall, during the year 1893, appraise the school 
houses and the property belonging thereto in the school districts of their 
town, which appraisal, together with the district's indebtedness assumed by 
the town tmder the town system act, shall be recorded in the town clerk's 
office in their respective towns. 

1892, No. 21, sec. 20. 

Sec. 64. Such town shall provide and maintain suitable school houses, 
and the location, construction and sale of the same shall be under the con- 
trol of the board of school directors. 

1888, No, 9, sec. 138. 
Sec. 65. In case of fractional districts, parts of which belong to differ- 
ent towns, the selectmen of such towns shaU appraise and adjust such 
school property of such fractional districts, abolished under the provisions 
of this act, and shall make an equitable apportionment of the property and 
debts of such district, and find the balance equitably due from either of 
said towns to any of said towns and order such balance to be paid within a 
time to be by them Limited. 

1892, No. 20, sec. 3^ 

Sec. 66. In case of fractional districts between different towns or 
counties, said appraisal and indebtedness assumed by the towns shaU be 



COMPILATION OF THE SCHOOL LAWS. 23 

made and ascertained by the selectmen of the respective towns concerned 
in such fractional districts, and an apportionment of such indebtedness shall 
be made to the towns interested therein, by such selectmen, which ap- 
praisal and apportionnaent shall be recorded in the town clerk's office of 
each interested town; but if svich selectmen cannot agree, the State super- 
intendent of education shall determine and establish such fractional dis- 
trict appraisal and apportionment. 

1892, No. 21, sec. 21. 

Sec. 67. At the annual town meeting in March, 1893, there shall be 
elected a board of three or six school directors, citizens of the town, one- 
third of whom shall be elected for one year, one-third for two years and one 
third for three years, and at every annual town meeting thereafter, one-third 
of whom shaU be elected for three years. A vacancy in the board shall be 
filled by appointment by the selectmen, until the next annual town meet- 
ing, when the town shall elect a director for the remainder of the unex- 
pired term. 

All directors elected or appointed shaU hold office until their successors 
are elected. 

1S92, No. 20, sec. 4. 
Sec. 67 a. The school directors shall be sworn, and shaU, on or before 
the first day of April in each year, elect one of their number chairman, and 
appoint some person, not one of their number, to be clerk of the board. 

1888, No. 9, sec. 127, amended by 1890, No. 5 sec. 2. See sec. 78. 

Sec. 68. The school officers provided for by law shall be voted for 
upon a separate ballot, which shaU be deposited in a baUot box other than 
that in which other ballots are deposited, and women shaU have the same 
right that men have to vote on all matters pertaining to schools and school 
officers in towns, cities and graded school districts; and the same right to 
hold offices relating to school affairs, except in cases where it may be other- 
wise provided. 

1888, No. 9, sec. 92, amended by 1892, No. 21, sec. 22. 

Sec. 69. Said board of school directors shall have the care of the 
school property of the town and the management of its schools, determine 
the number and location of its schools, employ teachers and fix their com- 
pensation, examine and allow claims arising in school matters and draw 
orders upon the town treasurer for the payment thereof, and shall, in gen- 
eral, have the powers and perform all the duties heretofore devolving upon 
the prudential committee and clerk of a school district; and may make 
regulations not inconsistent with the law, for carrying the powers granted 
them into effect. 

1892, No. 20, sec. S. 



24 COMPILATION OF THE SCHOOL LAWS. 

Sec. 70. School districts [directors] shall have power to purchase sites, 
erect school houses, or sell buildings or sites, when authorized by a vote of 
their respective towns so to do. 

189S, No. 21, sec. 19. 

Sec. 71. In every town there shall be kept for at least twenty-six 
weeks in each year, at the expense of said to"mi, by a teacher or teachei's 
of competent abihty and of good morals, a sufficient number of schools for 
the instruction of all the children who may legally attend aU the public 
schools therein; and aU pupils shall be thoroughly instructed in good be- 
havior, reading, writing, spelling, English grammar, geography, arithmetic, 
free hand drawing, the history and constitution of the United States and 
in elementary physiology and hygiene, and shall receive special instruction 
in the geography, history, constitution and principles of the government of 
Vermont. Said school shall be within the limits of said town, and at such 
places, and held at such times as in the judgment of the board of directors 
wiU. best subserve the interests of education and give all the scholars of the 
town as nearly equal advantages as may be practicable; and said school 
board may use a portion of the school money, not exceeding twenty-five 
per cent thereof, for the purpose of conveying scholars to and from such 
schools. 

1892, No. 20, sec. 6. 

Sec. 72. The board of school directors may provide for the instruction 
of advanced pupils in the higher branches of Enghsh study in one or more 
of the graded schools of the town, and may estabhsh centi-al schools in said 
toTvn. 

1892, No. 20, sec. 7. 
Sec. 73. The board of school directors may receive into the schools 
under their charge pupils residing in other towns, in the same manner and 
under the same restrictions, as provided in the case of school districts; and 
moneys received for the instruction of non-resident pupils shaU be paid into 
the school fund of the town. 

1892, No. 20, sec. 8. 
Sec. 74. Said board may provide for the instruction of any legal pupils 
of the town in the pubhc schools of an adjoining town, and may pay for 
such instruction from the school moneys of the town. 
1892, No. 20, sec. 9. 
Sec. 75. Towns may, by vote, authorize the dhectors to provide for 
the education of advanced pupils of school age in any graded or incorpo- 
ated school or academy within the hmits of the town. 
1892, No. 21, sec. 24- 



COMPILATION OF THE SCHOOL LAWS. 



25 



Sec. 76. The board of school directors shall, at each annual town 
meeting, present to the town a full report of their doings, with an exhibit 
of orders drawn by them for the use of schools. 
1892, No. 20, sec. 10. 

Sec. 77. The compensation of school directors shall be such sum as 
may be voted by the towns at their annual March meeting for time actually 
spent in the performance of their duties, and the same shall be paid out of 
the town treasury; but their account shall be audited and allowed like that 
of other town oflficers. 

1892, No. 20, sec. 11. 

Sec. 78. The said directors shaU also appoint a clerk of the board; 
said clerk shall keep a permanent record book and record therein the pro- 
ceedings of the board; and he shall make the registration returns to town 
clerks required to be made, and take the school census required to be taken 
by school district clerks, and he shall receive the same compensation there- 
for. 

1892, No. 20, sec. 13. 



CHAPTER VI. 



SCHOOL AGE.— ATTENDANCE. 



Section 

79. School age; kindergarten schools. 

80. Term "school age " defined. 
Truant officers ; appointment ; vacan- 
cies. 

What children shall attend school. 

What children not to be employed in 
mill or factory. 

To'rni superintendent to inquire into 
violations of law; his duties and pow- 
ers. 

Illiterate children not to be employed 
when schools are in session. 

Penalty for preventing non-attend- 
ance, employing in mills or factory; 
duty of truant officer. 



81. 



83. 
83. 



84. 



Section 

87. Proceedings against children violating 

this act. 

88. Child without proper clothing, over- 

seer to furnish; .iustice may sentence 
uncontrollable children to the reform 
school. 

89. Arrests, how made: notice to parents, 

guardian or master. 

90. Prosecution of parent, guardian or 

master. 

91. Complaint; appeal. 

9i. Neglect or refusal to comply with pro- 
visions of this act; penalty; jurisdic- 
tion of courts. 
Compensation of truant officers. 



93. 



Section 79. The term "legal pupils" shaU include all persons between 
the ages of five and twenty-one years. No child under five years of age shall 
be received as a pupil into any of the public schools of the State. But school 
directors may estabhsh a kindergarten school for the instruction of the 
children of the town under five years of age. 

1892, No. 21, sec. 1. 
3 



26 COMPILATION OF THE SCHOOL LAWS. 

Sec. 80. The term "school age" shall include persons between tlie 
ages of five and twenty-one years. 

1892, No. 22, sec. 1. 

Sec. 81. The selectmen of each town and the mayor of each city shall 
annually appoint two truant officers for their respective towns and cities. 
On failure to appoint such truant officers, constables, sheriffs, deputy 
sheriffs and policemen, shall act as truant officers. 

1892, No. 22. sec. 2. 

Sec. 82. Every person having under his control a child of good health 
and sound mind between eight and fourteen years of age, shall cause such 
child to attend a public school at least twenty weeks in the year, unless 
such child has been otherwise furnished with the means of education for a 
like period of time, or has already acquired the branches of study required 
by law to be taught in the common schools. 

1892, No. 22, sec. 3. 

Sec. 83. No child under fourteen years of age, shall be employed in a 
mill or factory unless such child shall have attended a public school twenty 
weeks during the preceding year, and shall deposit with the owner or per- 
son in charge of such mill or factory a certificate showing such attend- 
ance, signed by the teacher of such school. 

1892, No. 22, sec. 4. 

Sec. 84. The town superintendent of schools may inquire of the owner 
or person in charge of a mill or factory as to the employment of children 
therein; and may call for the production of the certificates required to be 
deposited with such person, and ascertain if there is any violation of the 
law in the employment of such children. 

1892, No. 22, sec. 5. 

Sec. 85. No person shall hereafter give employment to any child un- 
der fourteen years of age who cannot read and write, but is capable of re- 
ceiving such instruction, during the time when the school which such per- 
son should attend is in session. 

,' 1892, No. 22, sec. 6. ■ - , ;. 

Sec. 86. A person who shall violate the provisions of sections three, 
four, or six of this act, [sections eighty-two, eighty-three and eighty-five of 
this compilation], or who shall refuse to give the information or exhibit 
the certificates required to be given and exhibited by section five of this 
act, [section eig)\ty-four of this compilation j , shall forfeit not less than five 
nor more than twenty-five dollars, to be recovered by prosecution before a 
justice of the peace and to be paid to the town in which the child resides. 
And each truant officer is hereby required to make complaint of any viola- 



COMPILATION OF THE SCHOOL LAWS. 27 

tion of said sections to a justice of the peace or judge of a municipal court, 
who shall issue his warrant, according to law, for the arrest and trial of 
such offender. 

1892, No. 22, see. 7. 

Sec. 87. Each teacher shall promptly give notice to the school direc- 
tor of each violation of section three of this act, [section eighty -two of this 
compilation], by any pupil enrolled in his school, and the director shall im- 
mediately notify a truant ofificer of such violation. The truant officer shall 
forthwith inquire into the cause of the pupil's non-attendance, and if he 
has reason to believe that such pupil's parent, guardian or master has vio- 
lated said section the truant ofi&cer shall immediately make complaint to a 
justice of the peace or judge of the municipal court, and such justice or 
court shall issue a warrant directed to any sheriff or constable in the State 
commanding him forthwith to arrest and bring before said justice or court 
such parent, guardian or master and such child; and upon proof that said 
parent, guardian or master is guilty of violating said section he shall be 
fined by said justice or court not less than five nor more than twenty-five 
dollars, which shall be paid into the treasury of the town. 
1892, No. 22, sec. 8. 

Sec. 88. If on trial, it shall appear that the child is not clothed prop- 
erly for attending school, and that his parent is unable to so clothe him, the 
overseer of the poor shall furnish suitable clothes for the child; and such 
inability of the parent shall be a defence to a prosecution under this act. 
But if it appears that the parent in unable to conti'ol the said child and keep 
him in school, the justice or court with the consent of the majority of the 
selectmen, may sentence him to the reform school in accordance with the 
provisions of law when persons between eight and fourteen years have com- 
mitted crime. 

1892, No. 22, sec. 9. 

Sec. 89. The truant officer of a town, or a member of the board of 
school directors, or any officer authorized to make arrests in the town may 
arrest, and upon the written application of three voters in the town shall 
arrest, a child who, under the provisions of section three of this act, [sec- 
tion eighty- two of this compilation], is required to attend school, and who, 
during a term of the public school in the town in which he resides, is habit- 
ually found in the streets or other public places, having no lawful occupa- 
tion, or who is an habitual truant; and shall take him to the school in said 
town and place him in charge of the teacher thereof; and shall give notice 
thereof in writing to the parent, guardian or master therein requiring him 
to cause such child to attend school regularly. 
1892, No. 22, sec. 10. 



28 COMPILATION OF THE SCHOOL LAWS. 

Sec. 90. If such parent, guardian or master does not cause such child 
to attend school regularly after receiving such notice, for the remainder of 
the term of school for which such arrest was made, having no good reason 
for failure so to do, the officer making the arrest shall make complaint to a 
justice of the peace or judge of the municipal court, and such justice or 
judge shall issue a warrant directed to any sheriff or constable in the State, 
commanding him forthwith to arrest and bring before said justice or court 
such parent, guardian or master, and such child; and upon proof that the 
child was liable to arrest, as provided in the preceding section, and that the 
parent, guardian or master has received and not complied with the notice 
and requirement before specified, the justice or court shall fine such parent, 
guardian or master not less than five nor more than twenty-five dollars, to 
be paid into the treasury of the town. 

189S, No. 22, sec. 11. 

Sec. 91. The complaint shall be sufficient if it states that said parent, 
master or guardian neglects to send to school as required by law, his child, 
apprentice or ward, naming such child, apprentice or ward; and prosecu- 
tions under such complaint shall be conducted like criminal prosecutions, 
and an appeal may in like manner be had to the county court. 
1892, No. 22, sec. 12. 

Sec. 93. The truant officer of a town or a school director, or officer au- 
thorized to make arrests in the town, who shall refuse or neglect to carry 
out the provisions of sections three, seven, eight and eleven of this act, [sec- 
tions eighty-two eighty-six, eighty-seven and ninety of this compilation], 
shall be fined not exceeding one hundred dollars. A justice of the peace or 
judge of the municipal court shall have concurrent jurisdiction with the 
county court in such prosecution. 

1892, No. 22, sec. 13. 

Sec. 93. All persons acting as truant officers shall receive compensa- 
tion at the rate of two dollars per day for time actually spent, unless other- 
wise provided for. 

1892, No. 22, sec. 15. 



COMPILATION OF THE SCHOOL LAWS. 29 



CHAPTER Vll, 



SCHOOL YEAR.— CENSUS. 



Sbctiok 

97. Legal holidays. 

98. School census; duties of clerk. 

99. Penalty for refusal to give informa- 

tion to clerk concerninsr age of 
child. 
100. Compensation of clerks. 



Section 

94. School year; day, week and month 

defined. 

95. Number of weeks required; when un- 

lawful to maintain school witliout 
consent. 

96. Time spent by teachers at teachers' 

institute or association how consid- 
ered. 

Section 94. The school year shall commence on the first day of April 
and end on the last day of March f ollowmg. In the absence of express con- 
tract, a session of three hours in the forenoon and three in the afternoon 
shall constitute a school day, five such days a school week, and four such 
weeks a school month. 

1892, No. 21, sec. 2. 

Sec. 95. Each district shall maintain a school at least twenty-four 
weeks [in schools under the town system, twenty-six weeks] in the school 
year. No school shall be taught between the last day of June and the last 
Monday in August, without the written permission of the town superin- 
tendent of schools. 

1888, No. 9, sec. 164, amended by 1890, No. 5, see. 2; also see sec. 71, ante. 

Sec. 96. The time, not exceeding four days, actually spent by the 
teacher of a common school in attendance u]pon a teachers' institute or State 
teachers' association, during the time for which such teacher is engaged to 
teach, shaU, in determining the compensation of the teacher, and the num- 
ber of weeks taught by such teacher, be accounted the same as if spent in 
teaching. 

1892, No. 21, sec. 3. ' 

Sec. 97. A public school teacher shall not be required to teach or per- 
form other service on any day made a legal hohday by the laws of this 
State, and no deduction shall be made from his time or compensation be- 
cause of his absence on such days; and such days shall not be deducted in 
determining the number of weeks of school taught by said teacher. 

1892, No. 21, sec. If. 

Sec. 98. The clerk of the board of school directors shall annually, on 
or before the 20th day of March, prepare an accurate list, containing the 
name and age of each child of school age residing in the town district, and 
the name of the parent or other person having control of such child; and he 
shaU keep such list on file, and make such report therefrom as the superin- 
tendent of edu.cation may requke. 

1892, No. 21. sec. 5. 



30 



COMPILATION OF THE SCHOOL LAWS. 



Sec. 99. If a parent or other person having control of a child between 
the ages of five and twenty-one years shall refuse to give the clerk inform- 
ation as to the age of such child, or shaU falsely state the same, he shall be 
fined not more than twenty nor less than five dollars. 

1892, No. 21, sec. 6. 
Sec. 100. A clerk of the board of school directors shall receive from 
the treasury of the town, and a clerk of a graded school district from the 
treasurer of said district, for taking such census, a sum equal to four cents 
for each person of school age in the district. 

1892, No. 21, sec. 7. 



CHAPTER VIII. 



REGISTERS AND RETURNS. 



Suction 

106. Further duties of clerk and chairman 
of directors. 
Duties of clerks and teachers of 

graded school districts. 
Town clerks to make returns to State 

superintendent. 
Duties of trustees of incorporated 

academies and grammar schools. 
Compensation of town clerks. 



lor. 

108. 



109. 
110. 



Section 

101. State superintendent to prescribe 
forms for registers. 

103. State superintendent to furnish regis- 
ters; duties of town clerks. 

103. Clerks of school boards responsible 

for safekeeping of registers. 

104. Duties of teachers concerning regis- 

ters. 

105. Return of registers; compensation of 

teacher, condition of payment. 

Section 101. The superintendent of education shall prescribe blank 
forms for a school register for keeping a record of the daily attendance of 
pupils, and interrogatories to be printed in said register for procuring the 
statistical information required to be given by teachers, town and graded 
school ofiicers, and for pr'ocuring such further information as he may 
think desirable. 

1892, No. 21, sec. 8. 

Sec. 102. The superintendent of education shaU annually, in the month 
of February, transmit to town . clerks a sufficient number of such registers 
to supply the schools in their respective towns ; and a town clerk receiving 
such registers shaU immediately forward to the superintendent a receipt 
therefor. 

1892, No. 21, sec. 9. 

Sec. 103. The clerk of the board of school directors shall annually, on 
or before the 20th day of March, procure from the town clerk a register for 
each school in his town, and shall be responsible for the safekeeping 
thereof. 

1892, No. 21, sec. 10. 



COMPILATION OF THE SCHOOL LAWS. 31 

Sec. 104. A teacher shall before commencing school procure a register 
from the clerk of the board of directors, and shall keep therein, in the pres- 
cribed form, a record of the daily attendance of each pupil, and shall enter 
therein coiTect answers to the interrogatories addressed to teachers, and 
shall return such register to the clerk of the board of directors, at the end 
of each term, the final return to be on or before the 20th day of March. 

1892, No. 21, sec. 11. 

Sec. 105. Upon the return of such register said clerk shall examine the 
same, and if he finds it filled out as required by law, and propei'ly certified 
to by the teacher, he shall give such teacher a certificate to that effect; and 
the teacher shaU not be entitled to his compensation except on presentation 
of the certificate of said clerk to the chairman of the board of directors, who 
shall draw an order on the town treasurer for the payment of said teacher. 

1893, No. 21, sec. 12. 

Sec. 106. The said clerk, upon the final return to him of the register, 
shall enter therein correct answers to the interrogatories to be answered by 
the clerk, and the chairman of the board of directors shall enter therein the 
name of the teacher of the school during the year for which such register 
was kept, and the date and character of such teacher's certificate, and cer- 
tify to the correctness of such entry, and said clerk shall file each register 
so completed in the office of the town clerk before the last Friday preceding 
the last Tuesday in Maich. 

1892, No. 21, sec. 13. 

Sec. 107. The duties to be performed by clerks of boards of directors, 
as provided by sections 10, 12 and 13, [sections 103, 105 and 106], shall apply 
to clerks of graded school districts, chartered by special acts of the legisla- 
ture; and the duties of teachers required in section 11 [section 104] shall 
apply to teachers of said graded school. 

1892, No. 21, sec. U. 

Sec. 108. The town clerk shall annually, in the month of April, or at 
such time as the State superintendent of education may direct, make out 
and return to said State superintendent such statistics as he may require, 
said State superintendent to prepare and furbish suitable blanks therefor. 
Upon the receipt of such statistics the State superintendent of education 
shall return to said town clerk a certificate of such receipt. 
1892, No. 21, sec. 15. 

Sec. 109. Trustees of incorporated academies and grammar schools 
shall cause their principals to return to the superintendent of education, on 
or before the first day of April amiually, answers to the statistical inquiries 
addressed to them by said superintendent. 

1892, No. 21, sec. 16. 



32 



COMPILATION OF THE SCHOOL LAWS. 



Sec. 110. For all services rendered as required by this act, the town 
clerk shaU receive from the tovs^n treasury a sum equal to three cents for 
each person of school age in the tovv^n, but such compensation shall not be 
less than three nor more than twenty dollars. 

1892, No. 21, &ec. 17. 



CHAPTER IX. 



SCHOOL TAXES AND SCHOOL MONEYS. 



Section 



I. SCHOOL TAXES. 



IIL Grand list of town district, how made 

up. 
112. Directors to recommend amount of 

money necessary for use of scliools; 

selectmen to assess tax. 
13. Duties of town in respect to school 

money. 

II. UNITED STATES DEPOSIT MONEY. 

114. Treasurer to receive. 

115. Apportionment. 

116. Town share, how disposed of. 

117. Trustees' duty. 

118. To ffive bonds. 

119. To loan moneys. 

120. State treasiirer; when to retain shares. 

121. Town treasurer to give credit. 
123. Appropriation of income. 

123. Town liable to return money. 

124. Penalty for neglect. 

125. Grand jury to present. 

126. Duty of State treasurer. 



Section 

III. TOWN SCHOOL FUND. 

127. Selectmen to manage and account 
for. 

128. Duties of selectmen. 

129. Taxpayer may take acknowledgment 

of deed, etc. 

130. Securities to be kept by treasurer. 

IV. STATE SCHOOL TAX. 

131 . Five per cent tax for school purposes. 
13i. Treasurer to apportion such tax 

among towns; notice to town 
treasurers; tax to be paid by first 
day of June. 

133. Assessment of tax in unorganized 

towns and gores; notice to select- 
men or mayor; orders to be drawn 
to pay town's asssessment; may bor- 
row money to pay order. 

134. What list used as basis of apportion- 

ment. 

135. Provisions of Sec. 369 E. L. do not 

apply to this act. 

136. Fund, how divided. 



I. School Taxes. 

Section 111. The grand list of the town district shall be made up of 
the ratable poUs, the real estate and personal property taxable therein. 

1892, No. 21, sec. 18. 

Sec. 112. The school directors of each town shall annually in writing 
recommend to the selectmen of said town the amount of money necessary 
for the use of schools, and said selectmen shall annually appropriate for 
such purpose a sum not exceeding one-half, nor less than one-fifth, of the 
grand list of such town, and shall assess a tax annually to defray such ap- 
propriations . Any town by special vote may raise a larger sum for school 
purposes. 

1892, No. 20, sec. U. 



COMPILATION OF THE SCHOOL LAWS. 



33 



Sec. 113. The treasurer of such town shall keep a separate account of 
the moneys appropriated or given for the use of schools, and shall pay out 
of such moneys orders drawn by the board of school directors for the use of 

schools, 

1892, No. 20, sec. 15. 

II. United States Deposit Money. 
Sec. 114. The treasurer of the State shall receive moneys belonging to 
the United States to be deposited with this State and give a certificate of 
deposit for the same according to law. 

1888, No. 9, sec. 210. 

Sec. 115. Such moneys shall be apportioned to the several towns, or- 
ganized and unorganized, and to the gores, in proportion to the number of 
inhabitants in each. When a census is taken under the laws of Congress or 
of this State, a new apportionment shall be made. If upon such new appor- 
tionment it appears that a town has more than its share, the treasurer of 
the State shall demand and recover from such town such excess; and if a 
town has less than its share, he shall make up the deficiency to such town. 

1888, No. 9, sec. 211. 

Sec. 116. The treasurer of the State shall pay over to the trustees of 
the public money in each town which has elected such trustees, provided 
such trustees have executed the required bond, the share of the deposit 
money apportioned to such town. 

1S88, No. 9, sec. 212. 

Sec. 117. Such trustees shall receive such town's share of the deposit 
money, and shall give the treasurer of the State a receipt therefor, similar to 
that given by said treasurer to the secretary of the treasury of the United 
States; and said trustees shall manage such money and report the condi- 
tion of the same at each annual town meeting. 

1888, No. 9, sec. 213. 

Sec. 118. Such trustees, before entering upon the duties of their office, 
shall execute a bond to the town, with at least three sufficient sureties in 
such sum as the selectmen direct, conditioned to the faithful performance 
of their duties in loaning, managing, accounting for and paying over, as 
may be required by law, the moneys placed in their charge under the pro- 
visions of this chapter. And if a trustee fails to execute such bond his 
office shall be vacant and such vacancy may be filled as in other cases of 
vacancies in town offices. 

1888, No. 9, see. 214. 

Sec. 119. The trustees of the public money may loan the same to the 
town, if the town at a meeting warned for that purpose authorizes the select- 



34 COMPILATION OF THE SCHOOL LAWS. 



men to borrow it. If the money is not loaned to the town, the trustees 
shall loan the same with sufficient personal security, or on mortgage, as 
they may deem safe, made payable to the respective towns at an interest of 
six per cent annually. Such loans shall be made for a term not exceeding 
one year; and the moneys may be collected at the expiration of the term 
and loaned to other persons, or the loan may be extended to the same 
persons for an additional period. The trustees shall annually, previous to 
the first day of March, pay to the town treasurer the income received from 
such moneys . 

1888, No. 9, sec. 215, amended hy 1890, No. 5, sec. 2. 

Sec. 120. The treasurer of the State shall retain the share apportioned 
to towns which have not elected trustees, and the shares of unorganized 
towns and gores, and shall annually, previou.s to the first day of June, pay 
to the treasurer of each organized town not electing trustees, and to the 
treasurers of school districts in unorganized towns and gores wiiich have 
maintained schools for the required length of time during the previous 
year, the interest upon the shares apportioned to such towns and gores. 
And he shall divide the interest money of each unorganized town or gore 
among the school districts therein in the manner provided for the distribu- 
tion of town school moneys among the several districts in towns. 

1888, No. 9, sec. 216. 

Sec. 121. The treasurer of each town shall give credit in his account 
of the school fund, for all sums received by him as income from the town 
share of the deposit money. 

1888, No. 9, sec. 217^ 

Sec. 122. The income from the deposit money received by each town 
shall be annually appropriated to the support of schools in the town. But 
if a town has other school funds, the income of which is sufficient to sup- 
port schools in all the districts in such town for six months in each year, 
such town may appropriate the income received from its share of such 
money to the support of schools or to any purpose. 

1888, No. 9, sec. 218. 
Sec. 123. Towns which have received their portion of the deposit 
money shaU be accountable for the same, or any part thereof, when re- 
quired by the treasurer of the State on requisition of the United States, or 
for the purpose of a new apportionment, as towns are accountable for State 
taxes. 

1888, No. 9, sec. 219. 
Sec. 124. If a town fails to comply with the provisions of this chapter, 
relative to the management or disposition of the United States moneys, re- 



COMPILATION OF THE SCHOOL LAWS. 35 



ceived by such town, it shall forfeit to the treasurer of the county, for the 
use of such county, a sum not exceeding double the amount of the interest 
on such moneys. 

1888, No. 9, sec. 220. 

Sec. 125. The grand jury shall inquire how the towns have managed 
and disposed of the moneys so deposited with them, and the annual inter- 
est thereof; and if a town has not complied with the provisions of this 
chapter, relative to such deposit money, they shall present to the court 
their indictment therefor against the town; and notice thereof shall be 
given to such town as is required in case of indictment for not repairing 
highways. 

1888, No. 9, sec. 221. 

Sec. 126. The treasurer of the State, in the collection of the United 
States deposit money loaned by former treasurers, shall adjust and settle 
the same as is for the interest of the State. 

1888, No. 9, sec. 222. 

III. Town School Fund. 

Sec. 127. The selectmen of a town shall have charge of the real and 
personal estate in such town appropriated as a fund to the use of schools 
therein, unless otherwise provided for by law, or unless the person giving 
any part thereof directs the same to be managed in some other way, and 
shall annually render an account to the town of their proceedings in con- 
nection therewith; and the selectmen shall lease lands appropriated for 
such purpose, and loan moneys on annual or semi-annual interest, with 
sufficient security, and for such security may take mortgages or deeds of 
any real estate in the State. 

1888, No. 9. sec. 223. 

Sec. 128. The securities for the payment of the moneys so loaned and 
the interest thereon, shall be taken in the name of the town, and the select- 
men may, in the name of the town, prosecute and defend actions for the 
recovery or protection of the estate so intrusted to their care; and if the 
title or possession of real estate mortgaged or deeded as security is recov- 
ered in such action, the selectmen may, in the mame of the town, lease or 
sell and convey such real estate, and invest the moneys received therefrom 
as provided in the preceding section. 

1888, No. 9, sec. 224. 

Sec. 129. A person authorized to take the acknowledgment of deeds 
may take the acknowledgment of a deed provided for in the two preceding 
sections, or may sign such deed as witness, although he is an inhabitant 
and tax-payer of the town. 

1888, No. 9, sec. 225. 



36 OOMPILATIOISr OF THE SCHOOL LAWS. 

Sec. 130. The securities belonging to the town school fund shall be 
deposited in the office of the treasurer of the town; and moneys received on 
account of the same, shall be paid into such treasury; and a separate ac- 
count of the same shall be kept on the books of the treasurer. 

1888, No. 9, sec. 226. 

IV. State School Tax. 

Sec. 131. A tax of five cents on the dollar shall be amaually assessed 
on the list of the polls and ratable estate of the inhabitants of this State for 
the support of the common schools. 

1890, No. 6, sec. 1. 

Sec. 132. The treasurer of the State shall api)ortion to the several 
towns and cities and unorganized towns and gores in this State such tax 
according to their respective lists, and shaU on or before the first day of 
May, in each year, make out and transmit to the treasurer of each town 
and city and to the collector of taxes for the unorganized towns and gores 
in this State, a notice of the amount so apportioned and that the same shall 
be paid into the treasury of the State on or before the first day of June next 
following. 

1890, No. 6, sec. 2. 

Sec. 133. The commissioners of taxes for all unorganized towns and 
gores shall immediately upon receipt of such notice assess a tax for the 
amount specified and cause the same to be collected in the manner pre- 
scribed by law upon such unorganized towns and gores, and cause the same 
to be paid into the State treasury according to such notice; and the several 
town and city treasurers shall, upon the receipt of such notice, transmit the 
same to the selectmen or mayor of their respective towns or cities, and such 
selectmen or mayor shall draw an order on the treasurer of their respective 
town or city for the amount of such tax and such treasurer shall pay the 
same to the State treasurer according to such notice, out of any moneys be- 
longing to then- town or city, and if there is not sufficient funds in the 
hands of such treasurer to pay such tax, the selectmen or mayor shall bor- 
row the same upon their orders and the several towns or cities may provide 
for the payment of such tax by a special tax to be assessed and collected 
like ordinary town or city taxes, or such State tax may be provided for like 
ordinary expenses of the several towns or cities. 

1890, No. 6, sec. 3. 

Sec. 134. The list prepared annually by the secretary of State from 
the abstracts of the grand list of the several towns, cities, unorganized 
towns or gores, which are now by law required to be returned to his office 
shall constitute a basis for the apportionment of said tax. 

1890, No. 6, sec. 4. 



COMPILATION OF THE SCHOOL LAWS. 



37 



Sec. 135. The j)rovisions of section three hundred and sixty-nine of the 
Revised Laws shall not apply to taxes assessed by this act. 

1890, No. 6, sec. 5. 

Sec. 136. The treasurer of the State shall annually, on or before the 
tenth day of July, divide the money in the treasury of the State, received 
on such tax, among the towns, cities and unorganized towns or gores, in 
proportion to the number of legal schools sustained the preceding school 
year, which sum shall, in towns or cities havmg tlie town system or [and] 
graded school district, be divided as now provided by law for the division 
of school moneys. Such money shall be divided by the selectmen of each 
town on or before the 15th day of September in each year. 

1890, No. 6, sec. 6, amended by 1891, Special Session, No. 2, sec. 1, and 

1892, No. 20, sec. 1. 



CHAPTER X. 



TEXT-BOOKS. 



Section. 

137. Selection of text-books. 

138. Report; no other books to be used; 

exception. 
1.89. Contract with publisBers. 

140. Special selection if necessary. 

141. Sale of text-book in towns. 
14^. Expense of publishing report. 

143. Penalty. 

144. Certain books supplied by State. 

145. Regulations to continue in force. 

146. Town clerks to fc>rward estimates. 

147. Secretary of State to procure and 

distribute. 



Section 

148. Property of State; town clerk to re- 
claim. 
Prudential committee to supply in 

certain cases. 
Committee's disbursements repaid by 

town. 
Expense may be collected of parent. 
Towns may vote to purchase. 
Penalty incurred in certain cases. 
Note relating to effect of act abolishing 
office of supervisor of schools and 
county board of education. 



149. 

150. 

151. 
152. 

153. 



Section 137. The county board of education shall, in the year one 
thousand eight hundred and ninety, and in every fifth year thereafter, 
select such text-books, one book of a grade in each study; except that in 
the first selection text-books on physiology and hygiene shall be omitted; 
and said board shaU, in the year one thousand ,eight hundred and^ninety- 
two, make a selection of text-books so omitted, to have effect until the gen- 
eral selection of text-books three years later. 

1888, No. 9, sec. 171. 

See. 1890, No. 5, sec. 1, also note below. 

Sec. 138. The board shall complete a selection of text-books before the 
first day of April, and within seven days after that date shall publish a re- 
port thereof in all the newspapers of 'the county; and from the first day of 



38 COMPILATION OF THE SCHOOL LAWS. 

July following until another selection is established the use of any other 
text-books in the studies prescribed by law in the schools of the county is 
prohibited. But this shall not be held to prevent the use of such books as 
may be supplied without expense to the pupils. 

1888, No. 9, sec. 172. 

Sec. 139. The publisher of any book selected by said board shall be 
required to enter into a written agreement to furnish for sale in the towns 
of such county, at such prices as may be therein named for the period of 
five years, as many of such books as may be required, of the quality and 
style agreed upon with said board. 

1888, No. 9, sec. 173. 

Sec. 140. In case of a failure to supply any of the books selected in 
accordance with the terms of such agreement for the full period required, 
said board may select other books to be used in their stead until the time of 
the next regular selection. 

1888, No. 9, sec. 174. 

Sec. 141 . The chairman of said board shall arrange with one or more 
persons in each town to keep for sale the authorized text-books, who shall 
receive on the sale thereof not more than the freight and express charges 
and ten per cent advance upon the publishers' contract prices. 

1888, No. 9, see. 175. 

Sec. 142. Payment of the expense of pubhshing the report of the 
board shall be made by the supervisor, who shall be allowed the same in the 
settlement of his accounts. 

1888, No. 9, sec. 176. 

Sec. 143. If a member of the text-book board shall directly or indi- 
rectly accept any appointment, gift, private compensation, or promise of 
reward, for his action in the selection of text-books, he shall be fined not 
exceeding one thousand dollars and imprisoned not more than one year. 

1888, No. 9, sec. 177. 

Sec. 144. Text-books on physiology and hygiene shall be furnished 
pupils in the public schools, at the expense of the State, until July 1, 1895. 

1888, No. 9, sec. 178. 

Sec. 145. The regulations before prescribed for the supply and re- 
turn of such books shall continue in force until changed by the county text- 
book board; and the duties performed by town superintendents under such 
regulations shall, after, the first day of April next [1889], be performed by 
the town clerks. 

1888, No. 9, sec. 179. 



COMPILATION OF THE SCHOOL LAWS. 39 

Sec. 146. Town clerks shall annually, in the month of April, estimate 
the number of such books of each kind needed for the school year next 
ensuing, and forward such estimates to the secretary of State. 

1888, No. 9, sec. ISO. 

Sec. 147. The secretary of State, having received such estimates, 
shall procure the required books from the contractors and forward the same 
at the expense of the State to the town clerks; and he shall keep a record 
of the books ordered, received and distributed, and shall certify to the 
auditor the amounts due the contractors; and the auditor shall draw orders 
therefor. 

1888, No. 9, sec. 181. 

Sec. 148. Such books shall remain the property of the State. Town 
clerks shall distribute them as the regulations prescribe, and reclaim them 
when required by such regulations. 

1888, No. 9, sec. 182. 

Sec. 149. When a pupil is not provided with the required text-books, 
other than those furnished by the State, the teacher shall notify the pru- 
dential committee, [or school directors], and such committee [or dhectors] 
shall thereupon give notice of such deficiency to the parent, master or 
guardian of such pupil ; and if the person notified fails to supply such 
pupil within one week, the prudential committee [or directors] shall supply 
him. 

1888, No. 9, sec. 183. 
See see. 69, ante, for school directors' authority. 

Sec. 150. The prudential committee [or school directors] shall give 
written notice to the selectmen of the name of each pupil supplied by him, 
[or them], the name of his parent, master or guardian, and the cost of the 
books suppKed ; and shall receive from the selectmen an order on the town 
treasurer for the money so expended. 

1888, No. 9, sec. I84. 

Sec. 151. The selectmen shall, in assessing the next annual tax, add 
the sum so expended for any pupil to the tax of the parent, master or 
guardian of such pupil, or may omit a part or all of said sum if such per- 
son is unable to pay the same. The amount so added shaU be collected and 
paid into the treasury like a town tax. 

1888, No. 9, see. 185. 

Sec. 152. Any town or district may purchase and hold text-books for 
use in its schools, if it so votes in a meetmg warned for that purpose. 

1888, No. 9, sec. 186. 



40 COMPILATION OP THE SCHOOL LAWS. 

Sec. 153. If the superintendent of education or a town superintend- 
ent of schools, member of a text-book board, or any teacher in a public 
school, or other person officially connected with the direction of any public 
school, shall directly or indirectly receive any gratuity or compensation for 
recommending or procuring the adoption of a school book, or the purchase 
of any school apparatus, furniture or other school supplies, in any public 
school of this State, such person shall be fined not less than twenty nor 
more than one hundred dollars. 

1888, No. 9, sec. 187, 

[Note. — Sections 137, 140, 142 and 143 are rendered inoperative by No. 
5 of the acts of 1890, sec. 1, which abolishes the office of county supervisor 
and county board of education ; and other sections of the chapter are 
limited in their provisions by the same act. It is thought best, however, to 
preserve the chapter intact, so that the provisions of the sections and parts 
of sections still in operation may be better understood.] 



CHAPTER XI. 



MISCELLANEOUS PROVISIONS. 

Section. | Section. 

154. School district records preserved by | 156, School directors in towns already 

the town. | using town system coQtinued in 

155. Statutes relating to school districts, I office. 

etc.; repeal. 1157. Validity of teachers' certificates 

Section 154. The records of the districts hereby abolished shall be 
preserved by the town. 

1892, No. 20, sec. 16. 

Sec 155. The provisions of all statutes now in force relating to school 
districts and school officers and their duties, shall be in force so far as the 
same are consistent with this act; and all acts and parts of acts inconsistent 
with this act are hereby repealed. 

1892, No. 20, sec. 17. 

Sec. 156. In towns where the town system has already been adopted 
the present school directors shall serve until the expiration of their repect- 
ive term or terms. 

1892, No. 21, sec. 32. 

Sec. 157. AU teachers' certificates in force at the time of the passage 
of this act [Nov. 26th, 1890,] shall be vahd for such time as they were 
originally issued. 

1890, No. 5, sec. 17. 



COMPILATION OF THE SCHOOL LAWS. 



41 



PART II. 



Special Provisions Relating to Incorporated School 
Districts and School Districts in Unor- 
ganized Towns and Gores. 

CHAPTER XII. 



SCHOOL DISTRICTS. 



Section 



158. 



I. ORGANIZATION. 



Organization in gores and unorgan- 
ized towns. 
158 a. First meeting, how called. 

159. District a corporation. 

II. OITICEES. 

160. District officers, term of service. 

161. Prudential committee. 

162. Term of, in certain cases. 

163. Discontinuance of prudential com- 

mittee. 

164. Collector of taxes may be district 

collector. 

165. Moderator. 

166. Clerk. 

167. Clerk to notify town clerk. 

168. Duties of other officers ; funds; va- 

cancy. 

169. Care of school house and grounds. 



Section 

170. To employ teachers and inspect 

schools. 

171. Use of school house for certain pur- 

poses. 
173 Committee to perform duties of clerk. 

173. To draw orders; prohibition. 

174. Liable for unlawful payment. 

175. Vacancies, how filled. 

III. MEETINGS. 

176. Annual and special meetings. 

177. Time of holding annual meetings in 

incorporated school districts. 

178. Notifications of meetings. 

179. Votes; challenges. 

180. Construction of words herein. 

181. Penalty for neglect to notify meet- 

ings. 



I. ORGANIZATION. 

Section. 158. The selectmen of a town, on the application of three 
voters in an adjoining unorganized town or gore, may divide such town or 
gore into as many school districts as may be needed, and number such dis- 
tricts and organize them in the manner j)rovided in the preceding [follow- 
ing] section. The selectmen acting under this section shall cause their pro- 
ceedings to be recorded in the office of the clerk of the county in which 
such town or gore is situated and waive reasonable compensation from the 
petitioners. 

1888, No. 9, sec. 70. 

Sec. 158 a. The selectmen shall call a meeting in such district by post- 
ing up a notice thereof, specifying the time, place and business of the meet- 
ing, in two of the most public places in such district, at least seven daysbe- 

4 



42 COMPILATION OF THE SCHOOL LAWS. 

fore the time tliereiii specified. One of the selectmen shall preside in the 
meeting untU a moderator and clerk are chosen, when the district shall be 
held to be organized. 

1888, No. 9, sec. 69, amended by 1892, No. 20, sec. 1. 

Sec. 159. A school district, legally organized, shall be a body politic 
and corporate, with the powers of a corporation for maintaining schools in 
such district, and by its corporate name may sue and be s^^ed, and may 
take, hold and convey real and personal estate. 

1888, No. 9, sec. 71. 

II, OFFICERS. 

Sec. 160. A school district shall, at its organization, and at each an- 
nual meeting thereafter, elect from among the legal voters of such district 
a moderator, clerk, collector, treasurer, one or three auditors and a pruden- 
tial committee of one person unless the district shall vote to have the pru- 
dential committee of three, provided for in the succeeding section. The 
term of office of such officers shall commence at the time of their election 
and continue until their successors are chosen, but if the prudential com- 
mittee is absent more than three months from the district, his office shall 
be deemed vacant. 

1888, No. 9, sec. 73. 

Sec. 161. A school district may, at its organization, or at its annual 
meeting, elect a prudential committee of three persons, one of whom shall 
be chosen for one year, one for two years, and one for three years ; and un- 
til such district shall vote to discontmue such committee of three such dis- 
trict, shall upon the expiration of the term of office of a member of such 
committee, elect a successor for three years, and may at any meeting fill a 
vacancy occurring in said committee. 

1888, No. 9, sec. 7^. 

Sec. 162, If such a committee is elected at the organization of the dis- 
trict, and such organization is not at the time fixed for an annual meeting, 
the time between the organization and the next annual meeting shall be ac- 
counted the first year of said terms. 

1888, No. 9, sec. 75. 

Sec. 163. When a district has voted to discontinue such committee of 
three, it shall not elect successors to the members as their terms expire, and 
the remaining members or member of such committee shall be the commit- 
tee of the district until the expiration of the tei'm which is last to expire. 
1888, No. 9, sec. 76. 

Sec. 164. A school district may elect the collector of town taxes, al- 
though not an inhabitant of the district, to be collector of such district, if 



COMPILATION OF THE SCHOOL LAWS. 



43 



he will accept the office in writing; and such acceptance shall be recorded 
by the district clerk. 

1888, No. 9, sec. 77. 

Sec. 165. The moderator shall preside at school district meetings. In 
case of his absence from a meeting a moderator p?^o tempore maybe chosen 
to preside at such meeting. 

1888, No. 9, sec. 78. 

Sec. 166. The clerk shall keep a record of the votes and proceedings 
of school district meetings, and give certified copies thereof when required; 
and for a tviUf ul neglect of such duty he shall forfeit twenty dollars to the 
district, to be recovered in an action on this statute. 
1888, No. 9, sec. 78. 

Sec. 167. The clerk shall, within ten days after his election or appoint- 
ment, give notice thereof, and of the number of his district, to the town 
clerk; and if he fail to do so he shall receive no compensation for making re- 
turns to the town clerk's office. 

1888, No. 9, sec. 80. 

Sec. 168. The duties of school district collectors, treasurers and audi- 
tors, shall be hke those of town collectors, town treasurers and town audi- 
toi's. A district collector or treasurer shall, before entering upon his duties, if 
requhed by vote of the district or by the prudential committee, give bonds to 
the district for the faithful discharge of his duties, in such sum as may be 
required; and if a collector or treasurer neglects for ten days to give bonds 
as required, such office shall be vacant. 

1888, No. 9, sec. 81. 

Sec. 169. The prudential committee shaU have the care of the school 
house and grounds, and shall keep the same in good order, and if there is no 
school house, shall provide a suitable place for the school;iand he shall see 
that fuel, furniture and aU things necessary for the school are provided. 

1888, No. 9, sec. S3. 

Sec. 170. The prudential committee shall emj)loy a teacher to instruct 
the school, and may remove him when necesskry, and he shall adopt requi- 
site measures, not in conflict with those of the town superintendent of 
schools, for the inspection, examination, regulation and improvement of the 
school. 

1888, No. 9, sec. 83, amended by 1890, No. 5, sec. 2. 

Sec. 171. The prudential committee of a district which has not by vote 
restricted the action of its committee in the matter, may permit the free 
use of the school house for religious meetings, lectures, music schools, kin- 



44 COMPILATION or THE SCHOOL LAWS. 

dergarten schools and like purposes, when such use will not interfere with the 
schools or meetings of the district. 

1888, No. 9, sec. 84. 

Sec. 172. In the absence or disability of the clerk, the prudential com- 
mittee shall discharge the duties of the clerk, and shall be under the same 
penalties for a failure therein. 

1888, No. 9, sec. 85. 

Sec. 173. The prudential committee shall draw orders upon the treas- 
urer for all sums due from the district; but a prudential committee shall not 
authorize the payment of the moneys of the district to a teacher employed 
therein who did not obtain a certificate as required by law, or to a teacher 
whose certificate has been revoked or annulled. 

1888, No. 9, sec. 86. 

Sec. 174. If a prudential committee shall authorize a payment prohib- 
ited in the preceding section, such committee shall be liable to the district 
for the moneys so paid, to be recovered in an action on this statute; and the 
town agent shaU prosecute such action at the expense and in the name of 
such district. 

1888, No. 9, sec. 87. 

Sec. 175. When a vacancy occurs in the office of clerk, collector or 
treasurer of a school district, or in the office of prudential committee in a 
district whose committee consists of one person, the selectmen of the town 
shall fill such vacancy until a new election is made by the appointment of 
a legal voter of such district, and the district at a special meeting may make 
a new election. 

1888, No. 9, sec. 88. 

III. Meetings. 

Sec. 176. The annual school meeting shall be held in each district on 
the last Tuesday in March; and special meetings shall be warned whenever 
applied for in writing by three voters of the district. 

1888, No. 9, sec. 89, amended by 1890, No. 5, sec. 18. 

Sec. 177. Nothing in this act shall be so construed as to interfere with 
the arrangements of any school organized under special acts of the legisla- 
ture as regards the time for holding their annual meeting. 

1890, No. 5. sec. IS. 

Sec. 178. School meetings shall be warned by the clerk, or, in case of 
his absence or neglect, by one of the prudential committee, by posting up, 
in two of the most public places in the district, at least seven days before 



COMPILATION OF THE SCHOOL LAWS. 



45 



the time of the meeting, notices stating the time and place of meeting and 
the business to be transacted or considered. 

ISSS, No. 9, sec. 90. 

Sec. 179. Persons residing m a school district and quahfied to vote in 
town meeting, shall be voters in school district meetings ; and if a person 
offering to vote is challenged, the moderator at such meeting, the clerk, 
and the members of the prudential committee present, shall decide as to his 
right to vote. 

1S88, No. 9, sec. 91. 

Sec. 180. The word " meeting" as applied to school district meetings 
when used in this act, shaU mean a school district meeting warned as above 
provided; and any authority given a district in this act to take any action 
•'by vote," or " by a two-thirds vote," shall mean by vote or by a two-thirds 
vote, in such a meeting. 

1888, No. 9, sec. 93. 

Sec. 181. If a person whose duty it is to warn a school district meet- 
ing neglects to do so for ten days after apphcation made as provided bylaw, 
he shall forfeit to said district twenty doUars for each ten days' neglect, to 
be recovered in an action on this statute. 

1888, No. 9, sec. 94. 



CHAPTER XIII. 



MAINTENANCE OF SCHOOLS BY SCHOOL DISTRICTS. 



Section 

I. SCHOOLS AND INSTRUCTION. 

183. Studies prescribed. 

183. Instruction in vocal music. 

184. Additional schools. 

185. Higher English studies permitted in 

certain cases. 

186. Languages in certain cases. 

187. Assignment of pupils. 

188. Special superintendent of schools. 

II. INSTRUCTION IN OTHER SCHOOLS. 



189. 
190. 



191. 



Instruction in adjoining districts. 

Admission of pupils from other dis- 
tricts. 

Such district deemed to have support- 
ed school. 



Section 

192. Sending pupils to academy. 

193. When district deemed to have sup- 

ported school. 

1 94. Returns of attendants under contract. 

195. Liraitation of contract. 

196. When schools shall be kept. 

197. Petition to selectmen and hearing. 

198. School provided by selectmen. 

199. Selectmen may assess tax to support 

school. 

200. Eight to public money. 

201. Kindergarten schools. 
302. Places of attendance. 
203. Evening schools. 

203 a. Clerk to prepare census of children of 
school age. 



I. SCHOOLS AND INSTRUCTION. 



Section 182. All pupils shall be thoroughly instructed in good be- 
havior, reading, writing, spelling, English gi-ammar, geography, arithme- 



46 COMPILATION OF THE SCHOOL LAWS. 

tic, free-hand drawing, the history and constitution of the United States, 
and in elementary physiology and hygiene, giving special prominence to 
the nature of alcoholic drinks and narcotics, and their effect upon the 
human system ; and shall receive special instruction in the geography, 
history, constitution and principles of the government of Vermont. 

1S8S, No. 9, sec. 95. 

Sec. 183. The prudential committee of any district may, if it seems 
desirable, provide for daily instruction in vocal music by the regular 
teacher; and any district may, at any regular meeting, instruct its com- 
mittee to provide for such instruction in vocal music by a teacher em- 
ployed for that purpose, as it may deem advisable. 

18S8, No. 9, sec. 96. 

Sec. 184. If the pupils of a district are so numerous as to require more 
than one teacher, the district may by vote provide for as many schools, or 
a school of as many departments, as may be needed. 

1SS8, No. 9, sec. 99. 

Sec. 185. In a district having more than one school, or a school of 
more than one department, the prudential committee may jirovide for the 
free instruction of advanced pupils in the higher branches of English 
study. 

1888, No. 9, sec. 100. 

Sec. 186. A district which has made provision for the regular main- 
tenance of schools to be taught by three or more teachers, may by vote 
direct the teaching of ancient and foreign languages in one or more of such 
schools. 

1888, No. 9, sec. 101. 

Sec. 187. When a district has more than one school, or a school of 
more than one department, the prudential committee, or a committee 
chosen by such disti'ict for the i^urpose, shall examine as to the qualifica- 
tions of the pupils, and designate the school or department which each 
pupil shall attend. 

1888, No. 9, sec. 103. 

Sec. 188. A district maintaining schools taught by twelve or more 
teachers, may by vote direct its prudential committee to employ a person 
for the special supervision of such schools; and a person so employed shall, 
under the general direction of the prudential committee and subject to the 
control of the town superintendent of schools, superintend the work of the 
teachers, and perform the duties of the prudential committee in the inspec- 
tion, examination and regulation of schools. 

1888, No. 9, sec. I04, amended by 1890, No. 5, see. 2, 



COMPILATION OF THE SCHOOL LAWS. . 47 

II. INSTRUCTION PROCUKED BY DISTRICT IN OTHER SCHOOLS. 

Section 189. A district may, tinder an appropriate article in the warn- 
ing, by a two-thirds vote, authorize its prudential committee to arrange for 
the iastruction of all its legal pupils, in the studies prescribed by law, in 
the schools of an adjoining district or districts, or in the most convenient 
schools of an adjoining town or towns in another state, and may authorize 
the transportation of such pupUs to and from school. 

1888, No. 9, sec. 105. 

Sec. 190. A prudential committee may, for a reasonable compensa- 
tion to be paid into the treasury of the district, admit to the school under 
his charge, the pupUs of an adjoining district, by arrangement with the 
prudential committee of such district. 

1888, No. 9, sec. 106. 

Sec. 191. If such pupils ai"e provided with not less than twenty-four 
weeks of instruction within the school year, including such as may have 
been had in the district of their residence, such district shall be held to 
have supported a school as required by law, and shall be entitled to its share 
of the pubhc moneys the same as if a school had been maintained in the 
district, and the attendance had been in such school. 

1888, No. 9, sec. 107. 

Sec. 192. A district in a town in which an academy is located may by 
vote direct its prudential committee to aiTange with the officers of such 
academy for the instruction in such academy of all or a part of the legal 
pupils of said district in the studies prescribed by law; and if such district 
contiuues to maintain a school, it may provide for the instruction of its 
pupils sent to the academy in the higher branches of English study; and if 
such district continues to maintain schools taught by three or more teach- 
ers, it may jDrovide for the instruction of its pupils sent to the academy in 
ancient and foreign languages. 

1888, No. 9, sec. 108. 
Sec. 193. When an arrangement with an academy is such that no 
school is kept in the district, if all the legal pupils of the district are pro- 
vided with not less than twenty-four weeks of instruction in the school 
year, including any that may have been had in the district before the 
discontinuance of its school, the district shall be held to have supported 
a school as required by law, and shall be entitled to its share of the public 
moneys ; and the attendance at an academy of any pupil under an 
arrangement of the prudential committee as above provided, shall, in the 
division of public moneys, be ti-eated as an attendance in the school of 
said district. 

1888, No. 9, sec. 109. 



48 COMPILATION OF THE SCHOOL LAWS. 

Sec. 194. A contract for the instruction of the pupils of a district 
out of the state or in an academy, shall provide for the keeping and return 
to the clerk of such district of the attendance of such pupils, in such 
manner as the keeping and return of attendance is required by law in the 
school districts of this state; and if such provision of the contract is not 
complied with, all right to compensation for the instruction of such pupils 
shall be forfeited. 

1888, No. 9, 110. 

Sec. 195. A contract made by a district for the instruction of its 
puplis under the above provision, shall not be for a longer period than 
two years from the commencement of the term next following the making 
of such contract, and may at any time be modified by legislation; and 
nothing in such provision or contract shall be held to relieve a district 
from its obligation to provide for the instruction of all its legal pupils in 
the studies prescribed by law for the full time required. 

1888, No. 9, sec. 111. 

III. INSTRUCTION WHEN DISTRICT FAILS TO PROVIDE IT. 

Sec. 193. The instruction of the legal pupils of a district in the 
studies prescribed by law shall be for two or more terms in each year, of 
which no term shall be less than eight weeks, and all of which shall 
amount to twenty-four weeks. If a district does not at least thirty-six 
weeks before the first day of April commence the first term of instruction, 
or does not at least twenty weeks before said date commence the second 
term of instruction, or if the full period of instruction required is not com- 
pleted by the second term, does not at least ten weeks before said date 
commence a third term of instruction, or if said district after commenc- 
ing either of said terms shall discontinue the same before the expiration 
of the time required, the instruction which the district so fails to provide 
may be secured in the manner hereinafter provided. 

1888, No. 9, sec. 112, amended hy 1890, No. 5, sec. 2. 

Sec. 197. Any voter in said district may present to the selectmen of 
the town a petition in writing, setting forth the neglect of the district, and 
asking that instruction be provided. Upon receiving such petition, the 
selectmen shall fix a time and place for hearing thereon, and, if the district 
has elected ofiicers, shall direct that said petition and notice of the time 
and place of hearing be served upon the prudential committee of the dis- 
trict, like a writ of summons, at least six days before the time of hearing. 

1888, No. 9, sec. US. 

Sec. 198. At the time and place appointed, upon proof of notice to the 
committee, if notice was required, the selectmen shall proceed to a hearing. 



COMPILATION" OF THE SCHOOL LAWS. 49 

and if upon hearing they find the statements of the petition to be true, they 
shall forthwith declare the offices in the district vacant, if the district has 
elected officers, and shall make provision for the instruction of the legal 
pupils of the district, either in the district or elsewhere, at the times and 
for the length of time required, or for so much thereof as the district has 
failed to provide. 

18S8, No. 9, sec. lU- 

Sec. 199. The selectmen may, without vote of the district, assess a 
tax upon the grand list of the district, sufficient to defray the expense of 
such instruction, including the expense of transportation if the pupils are 
sent out of the district, and shall make a rate-bill therefor. The town col- 
lector shall collect siich tax, and in such collection shall have the same 
powers and be subject to the same liabilities as in the collection of town 
taxes. The moneys collected shall be paid to the selectmen, who shall de- 
fray therewith, and with any public moneys coming to said district, the 
expenses incurred as above provided. 

1888, No. 9, sec. 115. 

Sec. 200. If the instruction furnished by the selectmen, together with 
that furnished by the district, if any, before petition is made to the select- 
men, amounts to the number of weeks required by law, such district shall 
be entitled to its share of the public moneys, notwithstanding the want of 
official certificates in the register. 

1888, No. 9, sec. 116. 

Sec. 201. A district may by vote provide a kindergarten school for the 
instruction of children under five years of age residing in the district; and 
when such a school is maintained it shall be attended by such pupils over 
five years of age as the prudential committee may designate. 

1888, No. 9, sec. 151. 

Sec. 202. For pubhc school instruction in the branches prescribed by 
law, a pupU shall attend the school provided by the district in which he 
resides. The prudential committee of a district maintaining a school for 
advanced pupils may permit non-residents to attend such school upon the 
payment of reasonable tuition. i 

1888, No. 9, sec. 152. 

Sec. 203. A district may by vote estabhsh evening schools, and may 
maintain the same as day schools are maintained; and each session of an 
evening school may be treated as a half -day session of a public school. 

1888, No. 9, sec. 165. 

Sec. 203 a. The clerk or each school district shall annually, during 
the last two weeks of the school year, prepare an accurate list containing 



50 



COMPILATION OF THE SCHOOL LAWS. 



the name and age of each child of school age residing in the district, and 
the name of the parent or other person having control of such child; and he 
shaU keep such list on file, and make such report therefrom as the superin- 
tendent of education may require. 

1888, No. 9, sec. 168. See sees. 98 and 100. 



CHAPTER XIV. 



SCHOOL TAXES AND SCHOOL MONEY. 



Section 

I. SCHOOL DISTRICT TAXES 

204. District list. 

205. Taxes. 

206. Kate-bill and warrant. 

207. Deduction for payment before fixed. 

208. Time and place appointed for pay- 

ment. 

209. Exemption and abatement. 

210. Board of abatement. 

211. Powers of collector, etc. 
213. Collector to submit tax book. 

213. Tax to pay executien. 

II. TOWN SCHOOL TAXES. 

214. Town may lay tax to support school. 

215. State school tax. 



Section 

216. Penalty for neglect to draw order. 

217. Disposal of penalty. 

218. Actionof grand jury. 

219. Duty of town superintendent. 

III. DIVISION OP PUBLIC MONEYS. 

220. Selectmen to divide. 

221. Graded school district to have share 

of public money. 

222. Division by dista-ict. 

223. Division on attendance. 

224. When district shall be denied share. 
2;i5. Conditions. 

226. When district may receive additional 

amount. 

227. Forfeiture. 

228. Town superintendent, his duties as to 

public money. 



I. SCHOOL DISTRICT TAXES. 

Section 204. The grand list of a school district shall be made up of 
the polls of inhabitants of the district, of the real estate lying in the dis- 
trict, and of the personal estate taxable therein ; and real estate shall be 
taxed for school purposes only in the district in vrhich it is situated. 

1888, No. 9, sec. 200. 
Sec. 205. A school district may, by vote, raise a tax upon its list for 
the support of schools therein; and all expenses incurred by a district for 
the support of schools, in excess of public moneys received by the district, 
shall be so defrayed. 

1888, No. 9, sec. 201. 

Sec. 206. The prudential committee shall, as soon after such vote as 
circumstances may require, assess a tax for the amount voted to be raised, 
and make out a rate bill of the same; and any justice of a county in vrhich 
the v^^hole or part of such district is situated, shall, on application, make 
out a warrant directed to the district collector, authorizing and requiring 



COMPILATION OF THE SCHOOL LAWS. 51 

him to levy and collect such tax within the time limited in such warrant, 
and pay the same to the treasurer of the district. 
1888, No. 9, sec. 202. 
Sec. 207. A district may by vote, at the meeting at which a tax is 
voted, direct the collector to deduct a per cent fixed by said vote, from the 
tax of a person who shall pay his tax before a day fixed by said vote. 
A collector shall make no deduction in favor of a person who does not pay 
his tax before the day fixed. 

1888, No. 9, sec. 203. 

Sec. 208. The collector of a tax from which deduction may be had 
as above provided, shall appoint a day within the time limited, and a place 
withia the district, when and where he will attend to and receive such tax ; 
and shall post a notification thereof in three public places in the district, 
and publish the same in each newspaper printed in the district at 
least ten days before the time appointed ; and shall attend at the 
same time and place appointed to receive payment of such tax. 

1888, No. 9, see. 204. 

Sec. 209. A district may, by a two-thirds vote, instruct the pruden- 
tial committee to omit, in making up a tax-bill, the names of such persons 
as are unable to pay their proportion of the tax; and a district may by a 
two-thirds vote remit or make abatement on a tax-bill to an amount not 
exceeding five per cent of the same. 

1888, No. 9, sec. 205. 

Sec. 210. The officers of a school district, except the collector, shall 
be a board for the abatement of district taxes, and as such board shall 
have the powers which the board for the abatement of town taxes has in 
the abatement of town taxes. A majority of -such officers shall constitute 
a quorum. The prudential committee, on request of the collector, shall 
call a meeting of said board in the month of March in each year, previous 
to the annual school meeting, by posting notice therefor in three public 
places in said district at least five days before such meeting. 

1888, No 9, sec. 206, amended by 1890, No. 5, sec. 2. 

Sec. 211. The district collector shall proceed in the same manner and 
have the same powers in levying and collecting district taxes, as town 
collectors in levying and collecting town taxes, and shall within the time 
limited collect and pay the same to the district treasurer; and the pruden. 
tial committee shall have the same authority to enforce the collection and 
payment of district taxes that town treasurers have to enforce the collec- 
tion and payment of town taxes. 

1888, No. 9, sec. 207. 



52 COMPILATION OF THE SCHOOL LAWS. 

Sec. 212. A district collector shall, on the written request of one of 
the prudential committee, pay to the district treasurer all moneys belong- 
ing to the district collected by him up to that time, and submit his tax- 
book and list to said Treasurer for inspection and computation ; and if a 
collector shall neglect so to do for ten days after receiving such request,he 
shall forfeit to the district one hundred dollars, to be recovered in an action 
on this statue, and his office shall be vacant. 

18S8, No. 9, sec. 208. 

Sec. 213. When a demand is naade upon a school district for the pay- 
ment of an execution issued against it, and the district has no available 
funds to pay the same, the prudential committee shall forthwith assess, 
and have collected, a tax sufficient to pay such execution and the charges 
and twelve per cent interest, in the same manner as a tax voted by the 
district is assessed and collected. 

1888, No. 9, sec. 209. 
n. TOWN SCHOOL TAXES. 

Sec. 214. A town may at an annual meeting, or at a meeting 
warned for that pm-pose, raise money for the use of schools, by a tax on the 
list of such town. 

1888, No. 9, sec. 227 

Sec. 215. If in any year the income appropriated for the use of schools 
in a town, (excluding the income from the Huntington fund), with any tax 
voted by town, after deducting one-half the income of the United States 
deposit money, amounts to a less svmi than twelve per cent of the grand 
list of the town, the selectmen shall draw an order on the town treasurer 
on or before the fifteenth day of March for such amount as such svmi is less 
than such twelve per cent, for the use of schools in such toAvn. 
1888, No. 9, sec. 228, amended by 1890, No. 5, sec. 2. 

Sec. 216. If the selectmen do not draw an order as provided in the 
preceding section, and appropriate the amount of such order for the sup- 
port of schools as provided by law, the town shall forfeit to the county a 
sum equal to double the amount for which the selectmen are required to 
draw an order, to be recovered by information or indictment in the county 
court. 

1888, No. 9, sec. 229. 

Sec. 217. One-fourth of such penalty shall be for the use of the 
county, and three-fourths shall be paid to the selectmen for the use of 
schools in such towns; and the treasurer of the county, immediately after 
the receipt of such money, shall give notice thereof to the selectmen of the 



COMPILATION OF THE SCHOOL LAWS. 53 

town, who shall forthwith receive, apportion and appropriate the same to 
the support of schools in such town, in the manner herein provided. 
ISSS, Xo. 9, sec. 230. 

Sec. 318. Grand juries shall annually inquire whether towns in their 
counties have appropriated and expended the required sum for the support 
of schools as provided in this chapter, and in case of neglect they shall 
present their indictment thereof to the court. 
ISSS, Xo. 9, sec. 231. 

Sec. 219. The town superintendent of schools shall learn if the re- 
quirements of this chapter relating to the appropriation and expenditure of 
moneys from the town treasury for the support of schools are complied with, 
and in case of a non-compliance he shall bring the matter to the attention of 
the State's attorney or grand jury. 

1S8S, Xo. 9, sec. 232, amended by 1S90, Xo. 5, sec. 2. 

III. DIVISION OF PUBLIC MONEYS. 

Sec. 220. The selectmen of such town shall annually.on the Friday next 
preceding the last Tuesday of March. divide the school moneys in the treasury 
of such town among the school districts in such town; and such moneys shall 
be paid over, under the direction of the selectmen, to the treasurers of the 
several districts. 

ISSS, Xo. 9, sec. 233, amended by 1S90, Xo. 5, sec. 2. 

Sec. 221. A graded school district in a town having the town system 
shall receive from the public moneys of such town a share which shall 
bear such proportion to the whole amount of public moneys as the aggre- 
gate attendance in such district bears to the aggi'egate attendance of the 
whole town. 

ISSS, Xo. 9, sec. Ul, amended by 1892, Xo. 20, sec. 1. 

Sec. 222. If the sum for division does not exceed twelve hundred 
dollars, one-half thereof; if such sum exceeds twelve hundred dollars and 
does not exceed twenty-four hundred dollars, one-half of the first twelve 
hundred dollars and one-sixth of the remainder; if such sum exceeds 
twenty-four hundred dollars and does not exceed thirty-six hundred dol- 
lars, one-half of the first twelve hundred dollars, one-sixth of the second 
twelve hundred dollars, and one-twelfth of the remainder; if such sum 
exceeds thirty-six hundred dollars, nine hundred dollars of such sum shall 
be divided among the school districts in each town equally, except as is 
otherwise provided in the case of districts only partially situated in the 

town. 

1888, Xo. 9, sec. 234. 

See see. ISO, ante. 



54 COMPILATION OF THE SCHOOL LAWS. 

Sec. 223. The remainder of such moneys shall be divided among the 
districts in the town in proportion to the aggregate attendance of pupils 
between the ages of five and twenty years upon the schools of the district 
during the preceding school year, except as otherwise provided in the case of 
districts only partially situated in the town; such aggregate attendance to 
be ascertained from the records thereof kept in the registers of such schools 
by adding together the number of days of actual attendance of each pupil 
between the ages of five and eighteen years. 

1888, No. 9, sec. 835. 

Sec. 224. Before making such division the selectmen shall carefully 
examine the entries in each register, and ascertain whether a school has 
been kept in the district twenty-four weeks during the school year, and 
whether it appears from the certificate of the prudential committee that 
such school was kept by teachers duly licensed; and whether the entries 
required to be made by the district clerk have been made as required; and 
no public money shall be distributed to a school district unless such dis- 
trict has supported a school twenty-four weeks during the school year; 
nor unless the register contains the certificate of the prudential committee 
as to the date and character, of the certificates of the teacliers, nor unless 
it appears from such certificates that such school was taught the entire 
twenty-four weeks by licensed teachers, nor unless the register has been 
properly filled out by the district clerk. 

1888, No. 9, sec. 236. 

Sec. 225. The prudential committee, or if he is disabled from doing 
so, some other person having knowledge in the matter, shall on or before 
the first day of April in each year, return to the town clerk a statement 
under oath of the actual cash expenditure of the district for the preceding 
school year for school purposes other than the construction or repair of 
buildings; and no district shall be entitled to receive any portion of its 
school moneys unless such return is so made. No district shall receive 
from the town the full amount of its school moneys unless it has actually 
expended during such preceding school year for school purposes, other 
than the construction or repair of buildings, a sum equal to the amount of 
its school moneys for such year, exclusive of private bequests, and one- 
tenth of its grand list for such preceding year, and the sum paid to a 
school district in any one year shall be diminished by the amount by which 
the sum actually so expended by the district in such preceding year, is less 
than the school moneys, exclusive of private bequests and one-tenth the 
grand list of the district for such preceding year. And such difference in- 
stead of being paid to the district shall be distributed to the remaining 
school districts in town entitled to the same upon the aggregate attend- 
ance in such district. 

1888, No, 9, sec. 237, amended by 1890, No. 5, sec. S. 



COMPILATION OF THE SCHOOL LAWS. 



55 



Sec. 326. When a district actually expends in any school year, in the 
maintenance of a legal public school, (for not more than twenty-four 
weeks), other than in the construction and repair of buildings, a sum 
greater than the amount of its school moneys for that year and one-third 
of its grand list, it shall receive from the town one-half of such excess, 
provided such expenditure be reasonable. And if the selectmen and pru- 
dential committee cannot agree as to this, the certificate of the town super- 
intendent for the county [town] shall be final. Such excess shall be paid 
over by the town at the same time with the school moneys, or as soon 
thereafter as the certificate of the town superintendent is furnished. 

1888, No. 9, sec. 238, amended by 1890, No. 5, sec. 2. 

Sec. 227. A prudential committee who knowingly shall make a false 
certificate as to the date and character of teachers' certificates, or a false 
statement of the amount expended, or a district clerk who knowingly shall 
make false answers to the inquiries contained in the register, or a select- 
man who shall knowingly distribute public money to a school district not 
entitled thereto, shall forfeit to the town one hundred dollars, to be re- 
covered in an action on this statute. 

1888, No. 9, sec. 240. 

Sec. 228. The town superintendent of schools shall annually make in- 
quiry as to the division of the public money, and report to the town any 
violation of the requirements of the law. 

1888, No. 9, sec. 241, amended by 1890, No. 5, sec. 2. 



CHAPTER XV. 



SCHOOL HOUSES. 



Sectioh 

229. Tax to provide school house. 

230. Purchasing or building committee. 

231. Action upon recommendation of 

town superintendent. 

232. Location. 

233. Application to selectmen by commit- 

tee. 

234. Application by voters. 

235. Duty of selectmen. 

236. Application on neglect to build or re- 

pair school house. 

237. Notice of healing. 

238. Hearing and order. 

239. Proceedings in non-compliance of 

district. 



Section 

240. Assessment of tax by selectmen. 

241. Eecord. 

242. Location in non-agreement of select- 

men. 

243. Taking land for school purposes. 

244. Removal of buildings, etc. 

245. Record. 

246. Award. 

247. Petition to county court. 

248. Notice of hearing report. 

249. When lands are mortgaged. 

250. Title to vest, when. 

251. Sale of school house. 



Section 229. A school district may by vote raise a tax on its list to pur- 
chase or hire lands or buildings for school purposes, and to build, repair 



56 COMPILATION OF THE SCHOOL LAWS. 

or furnish a school house, or as many school houses as may be needed for 
the schools of the district. 

1888, No. 9, sec. U5. 
Sec. 330. A school district may elect a special committee to purchase 
or hire lands or buildings for school purposes, or to superintend the build- 
ing or repairing of a school house, or to procure necessary furniture and 
utensils therefor. 

1888, No. 9, sec. 24.6. 

Sec. 331. A prudential committee receiving a report from the town 
superintendent of schools recommending the repair or furnishing of a 
school house, and not complying with the recommendations in such re- 
port, shall cause such articles to be inserted in the notice of the next 
meeting of the district as will enable the district to act upon such recom- 
mendations. 

1888, No. 9, sec. S 47,' amended hy 1890, No. 5, sec. 2. 

Sec. 333. A district taking measures to provide a building to be oc- 
cupied as a school house, as authorized in section two hundred and forty- 
five, [Section 839], may, at the same meeting, by a two-thirds vote, deter- 
mine the location of the school house. 

1888, No. 9, sec. 248. 

Sec. 833. If the district fails to agree upon such location, the select- 
men of the town or towns in which such district is situated may, upon ap- 
plication of the prudential committee, determine such location, 

1888, No. 9, sec. 249. 

Sec, 334. If the prudential committee neglects for five days to apply 
to the selectmen, three voters of the district may apply in writing to such 
selectmen, stating the neglect of the prudential committee, and petition- 
ing the selectmen to fix upon a location, 

1888, No. 9, sec. 250. 

Sec. 835. The selectmen so applied to, shall forthwith give notice of 
a hearing, in the same manner as school district meetings are warned, and 
shall hear the petitioners and persons interested; and if the failure of the 
district to determine a location, and of the prudential committee to apply 
within the limited time appears at such hearing, the selectmen shall de- 
termine such location, and shall make return of the application and of 
their doings thereon to the district clerk, who sliall record the same, 

1888, No. 9, sec. 251. » 

Sec. 386. If a district neglects for two years to provide suitable 
school-houses, orneglects for one year to make the repairs or do the fur- 



COMPILATION OF THE SCHOOL LAWS. 57 

nishing recomraended by the town superintendent of schools, application 
for an order in the matter maybe made by two voters of the district to the 
selectmen of the town or towns in which the district is situated. 

1888, No. 9, see. 252, amended by 1890, No. 5, sec. 2. 

Sec. 237. Such selectmen shall appoint a time and place for hearing 
the applicants and persons interested, and shall cause the applicants to 
give notice to such district of such application, and of the time and place 
of hearing, which notice shall be served upon the district like a writ of 
summons, at least twenty days before the time appointed for hearing. 

1888, No. 9, sec. 253. 

Sec. 238. If it appears on hearing that the district is guilty of the 
neglect charged, and that the interests of education in the district require 
an order in the matter, the selectmen shall order the district to provide a 
school house, or to make the repairs or do the furnishingrecommendedby 
the town superintendent as the case may be, which order shall be served 
on the district like ordinary process in civil causes. 

1888, No. 9, sec. 254, amended hy 1890, No. 5, sec. 2. 

Sec. 239. If the district fails to comply with such order within six 
months after service thereof, the selectmen who made the order, or their 
successors in office, shall provide the school-house, or make the repairs or 
do the furnishing required by their order ; and when providing a school- 
house, they shall provide suitable out-buildings and grounds therefor. 

1888, No. 9, sec. 255. 

Sec. 240. The selectmen may assess a tax upon the district list for 
the amount required for the purposes aforesaid, and make out a rate bill 
therefor ; and said tax shall be collected by the collector of the town in 
which the school-house is located, in the same manner as town taxes are 
collected, and shall be paid to the selectmen and be used by them for the 
purposes aforesaid. 

1888, No. 9, sec. 256. 
Sec. 241. The proceedings under the five preceding sections shall be 
recorded in the office of the clerk of the town jn which the school-house is 
located, and copies of such record, certified by such clerk, shall be evi- 
dence in the courts. 

1888, No. 9, sec. 257. 

Sec. 242. When it devolves upon the selectmen to locate or build a 
school-house, if a majority of such selectmen cannot agree upon a location 
therefor, they shall forthwith make a return of the application made to 
them and of their failure to agree, to the district clerk, who shall make a 



58 COMPILATION OF THE SCHOOL LAWS. 

record of the same. In such case three voters of the district may apply in 
writing to an assistant judge of the county court to determine the loca- 
tion of such school-house ; and such judge shall give notice of a hearing, 
hear, determine the matter, and make return of his proceedings, and such 
proceedings shall be recorded, as provided in case of the location of a 
school-house by selectmen; and the assistant judge shall for his services 
be paid by the district three dollars a day and his expenses. 

1888, No. 9, sec. 258. 

Sec. 243. When a school-house is located and lands for such school- 
house and yards are needed, or when a district votes to purchase addi- 
tional land for school purposes, if the owner of such lands refuses to con- 
vey the same to the district for a reasonable price, the selectmen of the 
town or towns in which the district is situated, on the application of the 
prudential committee, shall locate and set out the necessary lands and 
cause the same to be surveyed; and shall appoint a time and place for a 
hearing and give notice thereof to persons interested in the land to be 
taken, either personally or by written notice left at the residence of the 
owner or occupant of such land; and at such hearing shall ascertain the 
damages sustained by such interested persons; and the damages assessed 
shall be paid or tendered to such persons before taking possession of the 
land. 

1888, No. 9, sec. 259. 

Sec. 244. When the selectmen decide to take land, they shall in their 
order for that purpose, fix a time and notify the owner or occupant there- 
of, within which he will be required to remove his buildings, fences, 
timber, wood, trees and wall, which, in case of inclosed or improved land, 
shall not, without the consent of the owner, be less than three months, nor 
until the compensation for damages to such land is tendered or paid; and 
if they are not removed within that time, the selectmen shall remove 
them at the expense of said district; but the district shall not take posses- 
sion of such land until the damages agreed upon or as determined by the 
selectmen shall have been paid or tendered to the persons entitled thereto. 

1888, No. 9, sec. 260. 

Sec. 245. All orders and proceedings of the selectmen, under the 
provisions of the two preceding sections, with the survey of the land 
taken, shall be recorded in the town clerk's office of the town in which the 
land lies. 

1888, No. 9, sec. 261. 

Sec. 246. If the owner of such land does not accept the damages 
awarded by the selectmen, the prudential committee of the district may 



COMPILATION OF THE SCHOOL LAWS. 59 

agree with him to refer the question of damages to one or mere disinter- 
ested persons, whose award shall be made in writing, and shall be final. 

1888, No. 9, sec. 262. 

Sec. 247. If a person interested in such land is dissatisfied with such 
location or with the damages awarded by the selectmen, he may apply by 
petition to the county court at its next stated term, if there is sufficient 
time for notice, and if not, to the succeeding term; and any number of 
persons aggrieved may join in the petition. The petition, with a citation, 
shall be served on one of the prudential committee of the school district, at 
least twelve days before the session of the court, and the court shall ap- 
point three disinterested commissioners who shall determine the amount 
of damages sustained by the persons interested therein. 

1888, No. 9, sec. 263. 

Sec. 248. The commissioners shall give six days' notice to one of the 
prudential committee of the school district of the time and place of making 
such inquiry and hearing the parties; and on the report of the commis- 
sioners the court shall render judgment for the petitioner to recover 
against the school district such damages as appear to be just, and may tax 
costs as seems just for either party, and award execution in the premises. 

1888, No. 9, sec. 264.. 

Sec. 249. If lands so required by a school district are encumbered by 
mortgage, the school district shall cause the same notice to be given to 
the mortgagee, or the assignee of the mortgage, required to be given to 
the owner; and the damage agreed upon, or otherwise determined, as 
specified in this chapter, shall be paid to the mortgagee or his assignee; 
but if the sum due on the mortgage is less than the damage, the amount 
due on the mortgage shall be paid to the holder, and the balance to the 
owner. 

1888, No. 9, sec. 265. 

Sec. 250. When the damages finally awarded for lands so taken by a 
school district are paid to the persons entitled thereto, a valid title to such 
lands shall vest in the district for the purposes aforesaid. 

1888, No. 9, sec. 266. 

Sec. 251. A school district may, by a two-thirds vote, if such vote 
represents a majority of the grand list of the district, sell its school-house 
and the land connected therewith; and the names of those voting for the 
sale shall be taken and recorded. 

1888, No. 9, sec. 267. 



60 



COMPILATION OF THE SCHOOL LAWS. 



PART III. 



Miscellaneous Provisions Relating to Public Instruc- 
tion and the Care and Preservation 
of School Property. 



CHAPTER XVI. 



INSTRUCTION OF THE DEAF, DUMB, BLIND, IDIOTIC AND 
FEEBLE— MINDED. 



Section 

252. Commission and board of instruction. 

253. Report of commissioner; compen- 

sation. 

254. Annual Appropriations. 

255. Places of instruction. 

65J. Board of civil aiithority to certify 
statistics.to county clerk. 

257. County clerk to make returns to the 
governor. 



Section 



258. 
259. 



260. 
261. 



263. 



Powers of commissioner. 

Selectmen to execute bond of indem- 
nity against certain expenses. 

Tovfn to defray expenses of con- 
veyance. 

Governor may designate beneficiaries 
who may receive education in the 
state. 

Such entitled to share of state 
appropriation. 



Section 353, The governor shall be by virtue of his office commissioner 
of the deaf, dumb and blind, and of the idiotic and feeble-minded children 
of indigent parents, and as such commissioner shall constitute the board 
for their instruction. 

B. L. sec. 680. 

Sec. 353. He shall annually report to the legislature his proceedings 
under this chapter with an account of the expenditures arising therefrom, 
and shall receive fifty dollars annually for his services as such commis- 
sioner. 

B. L. sec. 68 1: 

Sec. 354. A sum not exceeding five thousand dollars is annually 
appropriated for the benefit of the deaf and dumb, and a sum not exceed- 
ing four thousand dollars for the beiieflt of the blind, and a sum not 
exceeding two thousand dollars for the benefit of the idiotic and feeble- 



COMPILATION OF THE SCHOOL LAWS. 61 

minded children of indigent parents, to be used agreeably to the provis- 
ions of this chapter. 

B. L. sec. 682. 

Sec. 255. Until provision is otherwise made by law the beneficiaries 
mentioned in this chapter shall be instructed at the following places: The 
deaf and dumb at the American Asylum for the education of the deaf and 
dumb at Hartford, Connecticut, or the Clark Institution at Northampton, 
Massachusetts; the blind at the New England Institution for the instruc- 
tion of the blind at Boston, MasKachusetts ; and the idiotic and feeble- 
minded children at the Massachusetts school for idiotic and feeble-minded 
youth, at Boston, or at such other institutions of like nature as the above, 
situate in New England, as the governor shall select. 

R. L. see. 683, amended by 1892, No. 27, sec. 1. 

Sec. 256. The board of civil authority in each town shall ascertain, 
and certify to the county clerk on or before the first day of February an- 
nually, the number of deaf and dumb persons and the number of blind 
persons in such town, their ages, conditions and circumstances, and the 
ability of their parents to educate them, the names of all idiotic and feeble- 
minded children between the ages of five and fourteen years residing in 
such town and the pecuniary ability and circumstances of their parents or 
the persons bound to support them . and whether in the opinion of such 
board the persons enumerated and named are proper subjects for the char- 
ity of the State, and whether they and their parents or guardians are wil- 
ling they should become beneficiaries of either of the institutions men- 
tioned in the preceding section, or such other institution as is provided by 
law for the instruction of such persons. 

R. L. sec. 684. 

Sec. 257. Each county clerk shall make return to the governor, be- 
fore the first day of March in each year, of the information he receives 
from the several boards of civil authority in his county. 

R. L. sec. 685. 

Sec. 258. The governor may designate beneficiaries, as aforesaid, 
may direct the auditor of accounts to draw orders on the treasury for any 
part of the appropriations provided in section five hundred ninety-five 
[sec. 682] [sec. 254, ante] ; may superintend and direct all concerns relat- 
ing to the education of deaf, dumb, blind, idiotic, or feeble-minded per- 
sons, inhabitants of the State, and may allow all or any portion of the ex- 
penses of their conveyance to, and support in, the institutions in which 
they are instructed for such time as he deems proper; and he may in his 
discretion take bonds to indemnify the State against expenses which accrue 



62 COMPILATION OF THE SCHOOL LAWS. 

in consequence of the* sickness, clothing, or transportation of any bene- 
ficiary. 

B. L. sec. 6S6. 

Sec. 259. The selectmen of the several towns in this State are hereby 
authorized and empowered to execute in their official capacity in behalf 
of their respective towns, without a previous vote of said town for that 
purpose, the bond which may be required to be given by the town to in- 
demnify the State against expenses which may accrue in consequence of 
the sickness, clothing or transportation of the deaf, dumb and blind State 
beneficiaries from such town. 

B. L. sec. 687. 

Sec. 260. When a person is designated a beneficiary, the town in 
which he resides shall defray the expenses of his conveyance to and from 
the institution in which he is to be instructed if in the opinion of the select- 
men his parent or guardian is not able to pay the same. 

B. L. sec. 688. 

Sec. 261. The governor may designate one or more beneficiaries, un- 
der the provisions of chapter forty-one of the Revised Laws [chapter six- 
teen of this compilation], relating to the instruction of the blind and ap- 
propriating money therefor, who may receive their education within this 
State, when, in his judgment, adequate advantages existfor the proper in- 
struction of such person, or persons, and the public good would be sub- 
served thereby, notwithstanding such beneficiary, or beneficiaries, maybe 
beyond the age of sixteen years. 

1884, No. 39, sec. 1 . 

Sec. 262. Such beneficiary, or beneficiaries, shall each be entitled to 
receive the same annual share of the general appropriation for this pur- 
pose as is paid by the State for the support and education of a single scholar 
at the New England Institution for the Instruction of the Blind at Boston, 
Massachusetts, which allowance shall continue for such time as the gov- 
ernor may deem reasonable and necessary, and shall be paid to such bene- 
ficiary, or beneficiaries, as provided in section six hundred and eighty-six 
of the Revised Laws, and in quarterly installments, upon the certificate of 
the selectmen of the town where such person or persons may reside, that a 
proper and sufiScient course of study has been pursued. 
1884, No. 39, sec. 2. 



COMPILATION OF THE SCHOOL LAWS. 63 



CHAPTER XVII. 



OFFENSES AND PENALTIES. 



Section 

IV. CARRYING CONCEALED WEAPONS. 

269. Penalty for carrying concealed weap- 

ons while attending school. 

V. FENCES AROUND YARDS. 

270. Barbed-wire fences prohibited. 

271. Penalty for offenses against preced- 

ing section. 



Section 

I. PENALTY FOR DISTURBING SCHOOLS. 

263. Disturbing lawful meeting or school. 
364. Remaining at or near a school to annoy 

II. PENALTY FOR DEFACING BUILDINGS. 

265. Injuries to buildings, fences, etc, 

with malice. 

266. In.iuries without malice. 

267. Injuries to trees and shrubs. 

III. EMBEZZLEMENT OP SCHOOL FUNDS, 

268. Penalty for embezzling school funds. 

I. PENALTY FOR DISTURBING SCHOOLS. 

Section 263. A person who by a disorderly or unlawful act disturbs a 
town, society or district meeting, or a school, or any meeting lawfully as- 
sembled, or by force or menace interrupts the business of such meeting or 
school, shall be fined not more than one hundred dollars. 

R. L., sec. 4229. 

Sec. 264. A person over ten years of age not connected with the 
school who annoys or disturbs a school by remaining at or near it, or by 
not departing on request of the teacher or prudential committee, [or school 
directors] , shall be fined not more than twenty dollars. Justices shall 
have jurisdiction of offenses under this section. 

R.L., sec. 4230. 
See sec. 69, ante. 

II. PENALTY FOR DEFACING SCHOOL BUILDINGS, INJURING TREES OR 
TRESPASSING UPON GROUNDS. 

Sec. 265. A person who wilfully and maliciously breaks a door 
or window of, or otherwise injures, a dwelling house or other building, 
whether occupied or not, or a sign thereon, or a fence or wall, not being 
his own property, or disfigures the same with paint or otherwise, or de- 
faces the same by writing, printing or painting thereon any obscene word, 
figures or devices, shall be fined not more than twenty dollars or impris- 
oned not more than ninety days, or both ; and the offender shall also be 
liable to pay the owner of the property injured the damages occasioned, 
in an action on this statute with full costs. 

jB. L., sec. 4199, 



64 COMPILATION OF THE SCHOOL LAWS. 

Sec. 266. A person who carelessly and without malice injures or de- 
faces any part of a building belonging to a town or county, or the appur- 
tenances thereof, or any public building, hall or room, by cutting, writ- 
ing, marking, standing in the windows, or in any other manner, or in- 
jures the furniture, fence, yard, posts, grounds, shade trees or shrubbery 
connected with such building, or fastens a horse or other animal to the 
fence, posts or trees about such building or posts bills, placards and notices 
upon such building or its appurtenances or upon the fence or trees be- 
longing to the same, whereby any defacement results, shall forfeit to the 
State not less than two dollars, with full costs, to berecovered in the name 
of the State on complaint of a grand juror of the town or the State's at- 
torney for the county. 

B. L., sec. 4^00. 

Sec. 267. A person who injures a shade or ornamental tree or 
shrub standing upon the grounds belonging to a school house or academy, 
by cutting or breaking the same, or by fastening a horse or other animal 
to the same, shall be subject to the penalties and liabilities provided in 
section 4199 [sec. 265]. 

B. L. sec. 4S04. 

III. PENALTY FOR EMBEZZLEMENT OF SCHOOL FUNDS. 

Sec. 268. A person entrusted with the charge of money, land or 
other property belonging to a town or school district for the use of schools, 
who embezzles, misapplies, or conceals the same or any part thereof shall 
be liable to be removed from his trust and shall forfeit to such town or dis- 
trict, as the case may be, double the amount so embezzled, misapplied or 
concealed, to be recovered in an action on the case in the name of such 
town or district, with costs. 

B. L., sec. 4.152. 

IV. PENALTY FOR CARRYING CONCEALED WEAPONS. 

Sec. 269. A person who shall carry or have in his possession while 
a member of and in attendance upon any school, any firearms, dirk knife, 
bowie knife, dagger, or other dangerous or deadly weapon, shall, upon 
conviction thereof, be fined not exceeding twenty dollars. 

1892, No. 85, sec. 2. 

V. FENCES AROUND SCHOOL HOUSE YARDS. 

Sec. 270. No barbed wire fence shall be built or maintained around 
any school house yard. 

1892, No. 104, sec. 1. 



COMPILATION OF THE SCHOOL LAWS. 



65 



Sec. 371. Any person offending against the provisions of this act 
[sec. 270] shall be fined not less than twenty dollars nor more than fifty 

dollars. 

1892, No. 104, sec. 2. 

[Note.— Sections 270 and 271 are in force after May Isl, 1892.] 



CHAPTER XVIII. 



APPROPRIATIONS IN AID OF COLLEGES AND TO ESTABLISH 
SCHOLARSHIPS THEREIN. 



Section 

372. $6,000 appropriated annually in aid of 
the University of Vermont and State 
Agricultural College; $3,600 to be 
used in furnishing instruction in the 
industrial arts; $2,400 to be used in 
providing for thirty scholarships; 
senators to designate students; va- 
cancies, how filled ; when appoint- 
ments to be made. 

273, $2,400 appropriated annually in aid of 

Middlebury College to be use in pro- 
viding thirty scholarships; appoint- 
ments, how made. 

274. Trustees may fill vacancies, on failure 

of senator to appoint. 



Section 

275 Preference to candidates for agricul- 
tural and industrial department; 
proviso. 

276. $2400, appropriated annually for pro- 

viding thirty scholarships in Nor- 
wich University; appointments how 
made; vacancies. 

277. Senators failing to make appoint- 

ments or fill vacancies, trustees to 
do so. 

278 . Moneys paid to said University to be 

kept in a separate account. 
379. Laws inconsistent with this act re- 
pealed. 



Section 272. The auditor of accounts is hereby directed to draw his 
order on the State treasurer in favor of the treasurer of the University of 
Vermont and State Agricultural College, semi-annually on the first day of 
December and June, for the sum of three thousand dollars, of which sum 
of six thousand dollars per annum the sum of thirty-six hundred dollars 
shall be expended by said institution in providing instruction in branches 
related to the industrial arts; and the sum of twenty-four hundred dollar^ 
in paying the tuition and incidental college charges of thirty students 
therein, one of whom shall be designated and appointed by each senator 
in the General Assembly, such appointment to be made by such senator 
from his respective county, provided any suitable candidate shall apply 
therefor, otherwise from any county in the State, and all vacancies in such 
appointments shall be filled by the senator who made the appointment 
vacated, or by his successor in office; said appointments to be made in the 
month of June preceding the commencement of the college course of the 
student so appointed, and whenever such vacancy shall occur. 
1892, No. 25, sec. 1, 

Sec. 273. The auditor of accounts is further directed to draw his or- 
der on the State treasurer in favor of the treasurer of Middlebury College 



66 COMPILATION OF THE SCHOOL LAWS. 

semi-annually on the first day of December and June for the sum of twelve 
hundred dollars, said sum of twenty-four hundred dollars annually to be 
expended by said college in providing thirty scholarships under the same 
conditions named in section one of this act [sec. 263] governing the ap- 
pointments to thirty scholarships in the University of Vermont and State 
Agricultural College. 

1892, No. 25, sec. 2. 

Sec. 274. Whenever any senator from any county shall fail to make 
an original appointment or to fill any vacancy among such appointed stu- 
dents after one month's notice of his right to do so from the president of 
either of such institutions, the trustees may make such appointment or fill 
such vacancy by appointments from that county, if there are any applicants 
therefrom who shall pass the examination required by the rules of said 
institution, and if not, then from any county in the State. 

1892, No. 25, sec. S. 

Sec. 275. Senators from any county shall in their appointment of 
candidates for scholarships in the University of Vermont and State Agri- 
cultural College give preference to the candidates for the agricultural and 
industrial department; but if at any time there are not thirty suitable ap- 
plicants for said department, then said senators may appoint to any other 
department of said college, 

1892, No. 25, sec. 4.. 

Sec. 276. The auditor of accounts is hereby directed to draw his order 
on the State treasurer, in favor of the treasurer of Norwich University semi- 
annually on the first day of December and June for the sum of twelve 
hundred dollars, said sum of twenty -four hundred dollars annually to be 
expended by said University in payment of the tuition and room rent of 
thirty students therein, one of whom shall be designated and appointedby 
each senator in the General Assembly, such appointment to be made by 
such senator from his respective county, provided any suitable candidate 
shall apply therefor, otherwise from any county in the State, and all va- 
cancies in such appointments shall be filled by the senator who made the 
appointment vacated, or by his successor in oflSce. Said appointment to 
be made in the month of June preceding the commencement of the college 
course of the student so appointed, and whenever such vacancy shall occur. 
1892, No. 26, sec. 1. 

Sec. 277. Whenever any senator from any county shall fail to make 
^n original appointment or to fill any vacancy among such appointed 
students after one month's notice of his right to do so from the president 
of said university, the trustees may make such appointment or fill such 
yacsmcj^, by appointment from that county if there are any applicants 



COMPILATION OF THE SCHOOL LAWS. 67 

therefrom who shall pass the examination required by the rules of said in- 
stitution, and if not, then from any county in the State. 

1893, No. 26, sec. Z. 

Sec. 278. All moneys in any wise paid to said university or the 
students thereof by the State or its quartermaster-general shall be kept in 
a separate and independent account. 

1S92, No. 26, sec. 3. 

Sec. 279. All previous acts or parts of facts relating to scholarships 
in Norvrich University are hereby repealed. 

1892, No. 26, sec. 4. 



CHAPTER XIX. 



REGISTRATION— DUTIES OF SCHOOL OFFICERS. 

Secti on I Section 

2(j0. Duties of clerks of town or school h^38. Return made to town clerks; com- 
districts. I pensation of clerks for making 

281. Penalty for neglect of duty. I returns. 

282, Not to apply to city of Burlington. | 

Section 280. The school district clerks in each town, or in towns not 
divided into districts, the clerk of the school board, shall annually, in the 
month of January, ascertain the births and deaths which occurred in 
their respective districts, during the year next preceding the first day of 
January and shall report to the town clei»k on or before the first day of 
February, the date and place of birth of each child, its name and sex, the 
names and residence of its parents, and the occupation of the father. 
They shall also report the date, place and disease or apparent cause of 
each death, the name and sex of the deceased, whether married or single, 
his age in years, months and days, place of birth, the name of his parents 
and his occupation if over fifteen years of age. 

B. L. sec. 254.7. 

Sec. 281. If a district clerk or clerk of school board fails to make the 
required return or makes an incomplete or incorrect return, he shall for- 
feit all compensation therefor and be fined not less than five dollars; and 
the town clerk shall forthwith cause prosecution to be commenced against 
him in the name of the State to recover such penalty. 

B. L. sec. 2548, 



68 COMPILATION OF THE SCHOOL LAWS. 

Sec. 282. So much of this chapter as relates to the duties of school 
district clerks in collecting and making returns of births and deaths shall 
not apply to the city of Burlington. 

R. L. sec. !S549. 
Sec. 283. Town clerks shall carefully examine the returns of births 
and deaths made to them by the clerks of the several school districts; and 
if the returns are made up and returned agreeably to law, they shall 
furnish the school district clerk so complying with the requirements of 
law a certificate to that effect; and on presentation of such certificate to 
the selectmen, they shall draw an order on the town treasurer to pay 
such school district clerk or clerk of school board, fifteen cents for each 
birth or death returned. 

R. L. sec. 2550. 



INDEX. 69 



INDEX 

TO THE 

Compiled School Laws. 



A. 

ABOLISHMENT OP SCHOOL DISTRICTS. (See School Districts.) 
ACADEMIES, duties of trustees of relative to returns, sec. 109. 

instruction of pupils of the public schools in, sees. 75, 192. 
ASSISTANTS AT INSTITUTES, state superintendent of education may 

employ, sec. 7. 
ATTENDANCE, daily record of to be kept by teacher, sec. 104. 

what children shall attend school, sec. 183. 

pupil to attend school in district where he resides, sec. 302. 
AUDITOR, election; term of office of, sec. 160. 

to be member of board for abatement of taxes, sec. 210. 

B. 

BIRTHS, returns of by district clerks or clerks of school boards, sees. 78, 

280. 

penalty for neglect or for making false returns, sec. 281. 

exception in case of city of Burlington, sec. 282. 

compensation for making returns of, sec. 283. 
BLIND, instruction of the, sees. 252-262. (See Deaf, Dumb, Blind, Idiotic 

and Feeble-Minded.) 
BOND, collector of taxes and treasurer may be required to give, sec. 168. 
BOOKS, text-books for use in schools, sees. 137-153. 

(See Text Books.) , 

C. 

CANDIDATES. (See Teachers.) 

CENSUS, clerk of board of school directors to take in towns ; time of 
taking; information required , sec. 98. 

penalty if parent refuses to give information or makes false state- 
ment, sec. 99. 

clerk of school district to prepare for district, sec. 208a. 
compensation of clerks for taking, sec. 100. 



70 INDEX. 

CERTIFICATES, of teachers, sees. 42-59. 

contract to teach void without ; exception, sec. 42. 
not to be granted to persons under seventeen, sec. 42. 
certificate of graduation from normal schools license to teach, sec. 
48. 

graduate of higher course of normal schools may have unlimited 
certificate, sec. 45. 

graduate of normal school of another state may have certificate 
without examination, sec. 46. 

examiner's certificates ; grades ; requirements, sec. 51. 
record of to be kept by examiner, sec. 52. 
void when, sec. 52. 

of teachers in graded and union schools to remain in force, sec. 53. 
may be issued to graduates of colleges, sec. 55. 
persons holding examiner's certificates entitled to unlimited cer- 
tificate, sec. 56. 

of attendance upon school when required, sees. 83, 84. 
in force in 1890 valid till expiration, sec. 157. 

CLERK OF BOARD OF SCHOOL DIRECTORS, appointment, sees. 78, 
67a. 

to keep record book ; make registration returns ; take census, sec. 
78. 

compensation, sees. 78, 100. 

to make school census and keep list on file, sec. 98. 
to procure registers for schools ; responsible for safe keeping, 
sec. 108. 

to examine register and certify to its being properly filled out, 
sec. 105. 

to answer interrogatories addressed to him upon final return of 
register, sec. 106. 

duties of relating to registration of births and deaths, sec. 280. 
penalty for neglect or for making false returns, sec. 281. 
compensation of for making registration returns, sec. 288. 

CLERK OF SCHOOL DISTRICT, election ; term of office, sec. 160. 
to keep records of the district ; penalty for neglect, sec. 166. 
to give notice of his election to town clerk, sec. 167. 
neglecting, to receive no compensation, sec. 167. 
in absence of prudential committee to act, sec. 172. 
penalty for neglect or refusal to warn school meeting, sec. 181. 
to be member of board for abatement of taxes, sec. 210. 
penalty for making false answers to inquires in register, sec. 227. 
duties of relating to registration of births and deaths, sec. 280. 



INDEX. 71 

penalty foi* neglect or for making false returns, sec. 281. 
compensation of for making registration returns, sec. 283, 

COLLECTOR, election ; term of office, sec. 160. 

district may elect collector of town taxes, sec. 164. 
duties of ; bond may be required, sec. 168. 

in collecting taxes from which deduction is made, sec. 208. 
to have same powers as town collector, etc., sec 211. 
to pay over moneys belonging to district and submit tax book, 
sec. 212. 

penalty for neglect after receiving request, sec. 212. 

COMPULSORY ATTENDANCE. (See Truancy.) 

CONCEALED WEAPONS, penalty for carrying while attending school, 
sec. 269. 

CONTRACT to teach, when void ; exception, sec. 42. 

D. 

DEAF, DUMB, BLIND, IDIOTIC AND FEEBLE-MINDED instruc- 
tion of the, sees. 252-262. 
governor to be commissioner of, sec. 252. 

powers of concerning, sees. 258, 261. 

report and compensation of, sec. 253. 
appropriation for, sec. 254. 
places of instruction, sec. 255. 

may be instructed in the State, sec. 261. 
board of civil authority to certify number of to county clerk, sec. 
256. 

county clerk to make returns to governor, sec. 257. 
beneficiaries, by whom designated, sees. 258, 261. 

instructed in State to receive share of appropriation, sec. 262. 
expenses of transportation, clothing and sickness of, indemnity 
against, sec. 258. 

defrayed by town when, sec. 260. 

selectmen to execute bond of indemnity, sec. 259. 

DEATHS, RRGISTRATION OF, by school district clerks ; by clerks of 
the board of school directors, sees. 280, 78. 

DEFACING SCHOOL HOUSES, penalty for, sees. 265, 266. 

DIRECTORS, BOARD OF SCHOOL, election of ; term of office ; elligi- 
bility ; vacancy in how filled, sec. 67. 
to be voted for on separate ballot, sec. 68. 
rights of women to vote for and hold office of, sec. 68. 
to be sworn ; to elect one of their number chairman, sec. 67a. 



1^2 INDEX. 

to appoint town superintendent, sec. 18. 

of town and graded school districts may unite to appoint town 

superintendent, sec. 23. 

of two or more towns may unite to appoint, sec. 24. 

joint committee how organized ; powers, sec. 25. 
not to employ teacher without license, sec. 48. 
to have control of construction, location and sale of school houses, 

sec. 64. 
powers and duties of, sees. 69, 70. 

to determine number of schools ; time and place of holding, sec. 
71. 

may use school money to convey pupils toandfrom school.sec. 71. 
may provide advanced instruction, sees. 72, 75. 
may establish town central schools, sec. 72. 
may receive into schools pupils of other towns, sec. 73. 
may employ instruction in schools of an adjoining town, sec. 74. 
may establish kindergarten schools, sec. 79. 
to make report to town at annual meeting, sec. 76. 
compensation of ; accounts to be audited, sec. 77. 
to appoint clerk of board, sees. 78, 67a. 
to arrest child who is truant, sec. 89. 

penalty for failure to perform duties of truant officer, sec. 92. 
chairman to draw orders to pay teachers, sec. 105. 

to enter in registers names of teachers and character of certifi- 
cates, sec. 106'. 
o file registers in town clerk's ofl&ce, sec. 106. 
to recommend the amount of money necessary for the support of 
schools, sec. 112. 

duty of when pupil is not supplied with text-books, sees. 149, 150. 
in towns heretofore using town system continued, sec. 156. 
DISTRICTS, (See School Districts.) 

DISTURBING PUBLIC SCHOOLS, penalty for, sees. 263, 264. 
DIVISION OP PUBLIC MONEYS, selectmen to make; when, sec. 220. 
money to be paid to district treasurer, sec. 220. 
share of graded school districts, sec. 221. 
among districts in unorganized towns and gores, sec. 120, 

share of districts in, sees. 222, 223. 
district not entitled to share unless provisions of law concerning 
have been complied with; selectmen to ascertain, sec. 224. 

when denied share of, sees. 224, 225. 

must expend certain sum to be entitled to all its public money, 

sec. 225. 

entitled to further sum, when, sec. 226. 



INDEX. 



73 



town superintendent to inquire as to division of, sec. 228. 
district entitled to share when school is maintained by selectmeiij 
sec. 200. 

E. 
EMBEZZLEMENT, penalty for of school funds, sec. 268. 

EXAMINATION, of normal and training schools, board of, how consti- 
tuted, sees. 32, 41. 
of teachers, sees. 42, 59. 

State superintendent to prepare questions for and fix standard of, 
sec. 47. 

papers written at to be preserved, sec. 48. 
time and place of, how fixed, sec. 49. 
candidate may choose which to attend, sec. 49, 
method of conducting, sec. 50. 
requirements of, sec. 51. 
expense to be paid by examiner, sec. 59. 

EXAMINER OF TEACHERS, appointment of, sec. 13. 

to be resident of county; vacancy, how filled, sec. 13. 

to arrange for teachers' institutes; furnish statistical information, 

sec. 14. 

compensation of, sec. 15. 

may be removed for cause, sec. 16. 

to report to State superintendent; contents thereof, sec. 17. 

may issue certificate to graduate of normal school of another State, 

when, sec. 46. 

to preserve examination papers, sec. 48. 

to determine times and places of examinations, sec. 49. 

to conduct examinations, may appoint substitute, when, sec. 50. 

to issue certificates of three grades, sec. 51. 

may give candidate private examination, etc., sec. 52. 

records of; to furnish percentage of, sec. 52. 

may issue certificate of first grade to graduate of college, sec. 55. 

with State superintendent may issue unlimited certificate, when 

sec. 56. 

to pay expense of examination; allowance therefor, sec. 59. 

EVENING SCHOOLS, districts may establish, sec. 203. 
session of considered half-day, sec. 203. 

F. 
FEES, of school oflicers, sees. 78, 100, 110, 283. 
of town clerk for school work, sec. 110. 

6 



74 ' INDEX. 

FENCES AROUND SCHOOL HOUSES, barbed wire, forbidden, sec. 270. 
penalty" for constructing, sec. 271. 

FRACTIONAL DISTRICTS, abolishment of, sec. 60. 

selectmen to appraise and adjust school property of, sec. 65. 

to order that balance be paid within specified time, sec. 65. 
appraisal of to be recorded where; payment, sec. 66. 

G. 

GORES, districts in, how organized, sees. 158, 158a. 

schools in not affected by act abolishing school districts, sec. 60. 
assessment of share of State school tax, sec. 133. 
division of public money among districts in, sec. 120. 
how divided, sees. 232, 223. 

GOVERNOR, to fill vacancy in office of State superintendent of educa- 
tion, sec. 1. 
with superintendent of education to appoint examiner, sec. 18. 

to fill vacancy in office of examiner, sec. 13. 

to remove examiner for cause, sec. 16. 
to appoint member of examining boards, sec. 32. 
to be commissioner of deaf, dumb, blind, etc., sec. 252. 

to report his proceedings to the Legislature, sec. 253. 

compensation as commissioner, sec. 258. 

may designate beneficiaries, etc., sees. 258, 261. 

GRADED SCHOOL DISTRICTS, not affected by act abolishing school 
districts, sec. 60. 

directors of may unite with those of town to appoint town super- 
intendent of schools, sec. 23. 

may unite with those of two or more towns for same purpose, sec. 
26. 

voters in not entitled to vote in town meetings, when, sec. 61. 
clerk to make school census, sec, 203a. 

compensation, sec. 100. 

to perform same duties as clerk of board of school directors, 

sec. 107. 
time of liolding annual meetings in, sec. 177. 
share of public moneys, sec. 221. 
duties of clerk in relation to registration returns, see. 271. 

GRADED SCHOOL, what is, sec. 54. 

certificates of teachers continued in force, sec. 53. 
directors may provide instruction in, sec. 72. 
principal of not required to procure certificate, sec. 42. 



INDEX. 76 

GRAND LIST, on what shall district taxes be assessed, sec. 204. 
in town district, sec. 111. 
on what is State school tax assessed, sec. 134. 

I. 

INJURING SCHOOL PROPERTY, penalty for, maliciously, sec. 265. 
without malice, by cutting, marking, etc., sec. 266. 
for damaging trees, shrubbery, etc. , sees. 266, 267. 

M. 

MAYOR to appoint truant oflBLcers for his city, sec. 81. 

to draw order on treasurer for share of State school tax, sec. 133. 
MEETINGS. (See School Districts— Meetings.) 

MIDDLEBURY COLLEGE, scholarships in, sec. 273. 

senators each to appoint one applicant for, sec. 273. 

appointment to when senators fail to make, sec. 274. 
MODERATOR, election; term of office of, sec. 160. 

vacancy, how filled, sec. 175. 

duties of, sec. 165. 

to be member of board for abatement of taxes, sec. 210. 

N. 

NORMAL SCHOOLS, where situated; continued till what time, sec. 28. 
appointment of teachers in, sec. 29. 
courses of study, sec. 30. 
appropriations to, sees. 38, 39, 40. 

payment of conditional, sees. 31, 37. 
examinations; examining boards, sec. 32. 
scholarships in, sees. 33-37. 

each town entitled to one, sec. 33. 

appointee may attend either school, sec. 33. 

each school entitled to twenty extra, sec. 33. 

town superintendent to appoint to, sec. 34. 
may recommend for when, sec. 35. 

vacant, may be assigned, sec. 36. 

town not to have more than ten in one term, sec. 36. 

at what sum reckoned; money, how drawn, sec. 37. 
certificate of graduation from, license to teach, sec. 43. 
may be renewed, sec. 44. 
NORWICH UNIVERSITY, scholarships in; senators to appoint to, sec. 
276. 

appointment to scholarship when senators fail to make, sec. 277. 
separate account of moneys paid by State to be kept, sec. 278. 
former acts relating to appropriations to, repealed, sec. 279. 



76 INDEX. 

o. 

OBSCENE PICTURES AND LANGUAGE, 

penalty for defacing school buildings with, sec. 265. 

OFFICERS, of school districts, sees. 160-175. (See School Districts.) 

of town school districts, sec. 67. (See Town System of Schools.) 

ORGANIZATION, of school districts in unorganized towns and gores, 
sees. 158-159. 



PARENT, GUARDIAN OR MASTER, 

required to send children to school, see. 82. 

neglecting to keep child in school, truant officer to make com- 
plaint, sec. 87. 

arrest of parent, etc. , on complaint, sec. 87. 
unable to clothe child, how clothing provide, sec. 88. 
unable to keep child in school,child may be sent to reform school, 
sec. 88. 

notice requiring to keep child in school, sec. 89. 
penalty for failure, sec. 90. 

for refusing to give clerk information required, sec. 99. 

PERMITS, no teacher to commence school without certificate or permit, 
sec. 42. 
town superintendents may issue; limitations, sec. 58. 

PRINCIPAL OF GRADED SCHOOL, not required to procure license 

to teach, sec 42. 
PRUDENTIAL COMMITTEE, election; term of office, sees. 160-162. 
vacancy, how filled, sees. 161, 175. 
not to employ teacher without license, sec. 48. 
duty of when pupil is not supplied with text-book, sees, 149, 150. 
committee of three, how discontinued, sec. 163. 
may require bond of collector and treasurer, sec. 168. 
to have care of school property; provide house, furniture, etc., 
sec. 169. 

to employ teacher; remove teacher when necessary, sec. 170. 
to make regulations for improvement of school, sec. 170. 
may permit use of school house when, sec, 171. 
in absence of clerk to discharge his duties, sec. 172. 

penalty for neglect, sec. 172. 
to draw orders on treasurer, sec. 173. 

forbidden when teacher is without license, sec. 173. 

penalty for doing, sec. 174. 



INDEX. 



77 



to warn school meetings in case of absence or neglect of clerk, 
sec. 178. 

penalty for neglect or refusal, sec. 181. 
may provide instruction in vocal music, sec. 183. 

in higher English branches when, sec. 185. 
to examine pupils and designate the school to attend, sec. 187. 
to direct work of special superintendent, sec. 188. 
may admit to schools pupils from adjoining districts, sec. 190. 
may designate what pupils shall attend kindergarten schools, 
sec. 201. 

may admit non-resident pupils to higher department of schools, 
sec. 203. 

to assess tax when voted, sec. 206. 

to be member of board for abatement of taxes; to call meetings of 
board, sec. 210. 

has authority to enforce collection and payment of taxes, sec. 211, 
may in writing request collector to pay over moneys and submit 
tax-bill for inspection, sec. 212. 

to assess tax to pay execution against district, sec. 213. 
to make statement of expenditures of district, sec. 225. 

forfeiture of public money for neglect, sec. 225. 
penalty for making false statements, sec. 227. 
to insert in warning recommendations of town superintendent 
when, sec. 231. 

on failure of district to locate school house, to apply to selectmen, 
sec. 233. 

to apply to selectmen to assess damages for taking land for school 
purposes, sec. 243. 
may agree with dissatisfied land owner to refer, sec. 246. 

PUBLIC MONEY. (See Division of Public Money.) 

Q. 

QUESTIONS, for public examinations of teachers to be provided by State 
superintendent of education, sec. 47. 

R. 

RECORDS OP SCHOOL DISTRICTS, duty of clerk to keep, sec. 166. 

abolished by town system act, to be preserved by towns, sec. 154. 

REGISTER AND RETURNS, State superintendent to prescribe blank 
forms for, sec. 101. 
to be sent to town clerks, sec. 102. 

clerk of school board and school district clerk to procure, sees. 
103, 107. 



78 INDEX. 

teacher to procure of clerk before commencing school, sec. 104. 

to be returned to clerk when, sec. 104. 

clerk to certify to being properly filled out, sec. 105. 

teacher to be paid only on presenting such certificate, sec. 105. 
clerk to answer interrogatories addressed to him, sec. 106. 
chairman of board of school directors to fill out, sec. 106. 
town clerk to make returns to State superintendent, sec. 108. 
returns to be made by academies and grammar schools, sec. 109. 
compensation of town clerks for making, sec. 110. 
register required to be kept when instruction is provided at 
academy or out of State, sec. 194. 

REGISTRATION OF BIRTHS AND DEATHS, duties of school officers 
relating to, sees. 280-283. (See Births.) 

REGULATIONS for improvement of schools may be made by town 
superintendent, sees. 18, 21. 
made by board of school directors, sees. 69, 170. 

prudential committee, sec. 170. 
when there is disagreement of, which prevail, sec. 170. 

S. 

SCHOLARSHIPS in normal schools, sees. 33-37. 

in University of Vermont, etc., sees. 272-275. 
in Middlebury College, sees. 273-275. 
in Norwich University, sees. 276-279. 

SCHOOL AGE, defined, sees. 79, 80. 

pupils under not to attend school, sec. 79. 
may attend kindergarten school, sec. 79. 

SCHOOL DIRECTORS, (See Directors, Board of School.) 
SCHOOL DISTRICTS, 

abolishment of, sees, 60-66. 

exceptions to; sec. 60. 

towns to have charge of school property, sec. 62. 

appraisal of school property of districts abolished, sees. 63, 

65, 66. 

organization of, sees. 158-159. 

how organized in unorganized towns and gores, sees. 158, 158a. 
lawfully organized a corporation, sec. 159. 

officers of, 

election; term of office of, sec. 160. 

vacancies how filled, sec. 175. 

eligibility of women for, sec. 68. 

may elect a prudential committeeof three, sec. 161. 



INDEX. 



79* 



except collector, constitute board for abatement of taxes,, 
sec. 310. 

meetings of, 

annual when held; special how called, sec. 176. 
annual of graded school districts, sec. 177. 
to be warned by clerk; how warned, sec. 178. 

in absence of clerk, by prudential committee, sec. 178. 
who ai'e voters in, sec. 179, 68. 

if voter is challenged, who decides upon his eligibility, 

sec. 179. 
the word " meeting" defined, sec. 180. 
penalty for neglect or refusal to warn, sec. 181. 

for disturbing schools and, sees. 263, 364. 

maintenance of Schools by, 

branches to be taught in public schools, sec. 183. 

may provide instruction in vocal music, sec. 183. 

may provide more than one school, when, sec. 184. 

may direct that ancient and foreign languages be taught 

when, sec. 186. 

prudential committee may provide instruction in higher 

English, sec. 185. 

may designate the school or department pupil shall at- 
tend, sec. 187. 

what districts may provide special supervision, sec. 188. 

time when schools shall commence, sec. 196. 

may establish kindergarten schools, sec. 201. 
evening schools, sec. 203. 

may provide instruction, sees. 189-195. 

may send pupils to schools of neighboring districts, sec. 189. 
considered as school in own district, sec. 191. 
register to be kept, sec. 194. 
in an academy in the town, sees. 193-195. 

contract for not to extend beyond two years, sec. 195. 

instruction when district fails to provide, 

voters may apply to selectmen, sees. 196, 197. 

duties and powers of selectmen on application, sees. 197-199. 

SCHOOL FUNDS, penalty for embezzling, sec. 368. 

tuition of non-resident pupils to be paid into, sec. 73. 
treasurer to keep a separate account of, sec. 113. 
(See School Taxes and School Moneys.) 



80 INDEX. 

SCHOOL HOUSES, towns to provide and maintain, sees, 64, 70, 

towns to take charge of school houses and other property, sec. 63. 

to pay indebtedness on account of, sec, 62, 
selectmen to appraise, sec. 63, 

to apportion value in fractional districts, sees, 65, 66, 
location of, how determined under town system, sec, 64. 
school directors to have charge of, sec. 69. 

powers of to construct, purchase sites, etc. , sec. 70. 
school districts may lay tax to provide, sec. 229. 

may elect special building committee, sec. 230. 
recommendation of town superintendent to be inserted in warning 
when, sec. 231. 
districts may sell, sec. 251. 
school directors may sell when, sees. 64, 70. 

location of how determined under district system, sees. 232-235. 
applicatioQ to selectmen when district fails to provide, sec. 236. 
selectmen to hear parties ; notice of hearing, sec. 237. 

may make an order in the premises, sec. 238. 

district neglecting to act may themselves build or repair, sec. 

239, 

may assess tax to defray expenses, sec, 240. 

proceedings of, to be recorded, sec. 241. 
location when selectmen cannot agree, sec. 242. 
penalty for maliciously defacing, sec. 265. 

for defacing without malice by cutting, etc, , sec. 266. 

for injuring trees or grounds, sees. 266, 267. 

for constructing barbed-wire fences around, sees. 270, 271. 
taking lands for school houses, sees. 243-250. 

SCHOOL TAXES AND SCHOOL MONEYS, 

town school taxes, list on which to assess, sec. 111. 

school directors to recommend amount necessary for school 

purposes, sec. 112. 

selectmen to appropriate not less than what sum, sec. 112. 

treasurer to keep separate account of, sec. 113. 

to be paid out on orders of school directors, sec. 113. 

towns may raise special tax for school purposes, sees. 112, 214. 

selectmen to appropriate certain sum annually, sec. 215. 

town liable to forfeiture for neglect, sec. 216. 

disposal of forfeiture, sec. 217. 

grand jury to present, sec. 218. 

duty of town superintendent, sec, 219, 



INDEX. 81 

school district taxes, list on which to assess, sec. 204. 

expense of school above public money to be defrayed by, sec. 

205. 

prudential committee to assess when voted, sec. 206. 

district may instruct to omit poor persons, sec. 209. 
district may allow deduction for payment before day fixed, 
sec. 207. 

duty and liability of collector in collecting, sec. 208. 
district may abate, sec. 209. 

board for abatement ; meeting how called, sec. 210. 
prudential committee to assess to pay execution against school 
district, sec. 213. 
United States deposit moneys, apportionment of, sec. 115. 
treasurer of State to receive, sec. 114. 

to pay over to towns electing trustees, sec. 116. 
to retain and manage shares when, sec. 120. 
to divide income of shares of unorganized towns and 
gores, sec. 120. 

duties of treasurer in collecting loans of, sec. 126. 
trustees to receive, manage and report, sec. 117. 

to give bond for faithful management of ; office vacant if 
not given, sec. 118. 

to loan deposit money ; income payable to town treas- 
urer, sec. 119. 
town treasurers duties as to, sec. 121. 

income from to be appropriated for use of schools, sec. 127. 
towns liable to return, sec. 123. 

for misappropriation, sees. 124, 125. 
town school fund, powers and duties of selectmen as to, sees. 127, 
128. 

selectmen may take and execute deeds, sees. 127, 128, 
tax-payers may take acknowledgment of and witness such 
deeds, sees. 127, 128. 

securities where kept ; treasurer's duty, sec. 130. 
State school tax, how assessed, see. 131. 

how apportioned ; when payable, sec. 132. 

upon what list apportioned, sec. 134. 

how assessed in unorganized towns and gores, sec. 133. 

selectmen of towns or mayor of cities to draw order for town 

or city's share, see. 133. 

how provided for by towns and cities, sec. 133. 

provisions of sec. 369, R. L. , not to apply to, see. 135. 

how divided among towns, see. 136. 



82 INDEX. 

how divided when there is graded school district in town, 
sec. 136. 

SCHOOL YEAR, to commence and end when, sec. 94. 
school day, week and month, sec. 94. 
session of evening school treated as half-day, sec. 203. 
number of weeks of school required, sec. 95. 
school when not to be held without permission, sec. 95. 
no deduction on account of teachers' attendance on institute or 
teachers' association, sec. 96. 
no deduction on account of holidays, sec. 97. 
instruction provided in other school considered as part of, sec. 191. 

SELECTMEN, to appraise school houses and other property of districts, 
sec. 63; to appraise and adjust school property of fractional dis- 
tricts, sees. 65, 66. 
to appoint truant officers, sec. 8i. 

to appropriate school moneys on recommendation, sec. 112. 
to have charge of town school fund, sees. 127, 128. 
to take and execute deeds of lands in school fund, sees. 127, 128. 
to draw order for town's share of State school tax, sec. 133. 
to divide State school tax when, sec. 136. 

to add to tax of parent, etc., price of books furnished by pruden- 
tial committee or school directors, sec. 151. 

to organize school districts in unorganized towns and gores, sees. 
158, 158a. 

to provide school on application when district fails to do so, sec. 
197. 

powers and duties of in such cases, sees. 197-199. 
to appropriate certain sum annually as town school tax, sec. 215. 

forfeiture by town for neglect, sec. 216. 

disposal of forfeiture, sec. 217. 
to divide public moneys, see. 220. 

to ascertain if provisions of law have been complied with, sec. 224. 
penalty for distributing public money to district not entitled to 
share, sec. 227. 

duties of in location of school houses, sees. 233-235. 
proceedings before when districts neglects to provide school house 
or furnishings, sees. 236-241. 

not agreeing as to location of house to report, sec. 242. 
to assess damages for land taken for school purposes, sec. 243. 
may make order in regard to land taken for school purposes, 
see. 244. 
record of their proceedings, sec. 246. 



INDEX. 83 

STATE SUPERINTENDENT OF EDUCATION, election of ; vacancy, 

sec. 1. 

salary of ; traveling expenses, sec. 2. 

to have ofl&ce at State house, sec. 3. 

clerk of; compensation, sec. 8. 

to be supplied with stationery, sec. 4. 

to hold teachers' institutes, sees. 5, 6, 7. 

may employ assistants at institutes, sec. 7. 

to visit each county; lecture, etc., sec. 9. 

his report, contents of, sec. 10. 

number of copies to be printed, sec. 11. 

who entitled to copies, sec. 11. 
to file his account quarterly, sec. 12. 

to nominate, approve and dismiss teachers in normal schools, sec. 
29. 

to fix courses of study in normal schools, sec. 30. 
to stop State appropriations when law as to studies is not complied 
with, sec. 31. 

with the governor to appoint examiner of teachers, sec. 13. 
to fill vacancy, sec. 13. 
to remove for cause, sec. 16. 

to be member of examining board of normal and training schools, 
sees. 32, 41. 

to certify whether scholarships in normal schools have been law- 
fully granted, sec. 37. 

to make certificates on which appropriations for normal schools 
are drawn and direct as to expenditures, sees. 38, 39. 
to establish courses of study in training schools, sec. 41, 
with examiner may issue unlimited certificate to graduate of 
normal school, sec. 45. 

to prepare printed questions and fix standard of examinations, 
sec. 47. 

to issue certificates when examiner is incapacitated, sec. 50. 
to fix requirements of examinations, sec. 51. 

may direct certificate to be issued to graduate of college when, 
sec. 55. 

with examiner may issue certificate to one who has held exam- 
iners' certificate ten years, sec. 56. 

to procure printing of questions for examination, sec. 59. 
may require statistics of clerk of school board, sec. 98. 
to prescribe blank forms for registers and returns, sec. 101. 
to transmit registers to town clerks, sec. 102. 
may require school statistics of town clerks, sec. 108. 

to furnish suitable blanks therefor, sec. 108. 



84 INDEX. 

may require returns of academies and grammar schools, sec. 109. 
penalty for receiving gratuity for recommending adoption of 
books or purchase of furniture or supplies, sec. 153. 

STATE TEACHERS' ASSOCIATION, no deduction made for time spent 
by teachers at, sec. 96. 

SUBJECTS, list of required to be taught in public schools, sees. 71, 182. 

T. 

TAKING LAND FOR SCHOOL PURPOSES, sees. 343-250. 
selectmen to assess damages when, sec. 248. 
damages to be paid or tendered before entry, sec. 244. 
owner to have time to remove buildings, sec. 244. 
proceeding to be recorded, sec. 245. 
reference may be had if owner is dissatisfied, sec. 246. 
appeal to county court, sec. 247. 
proceedings in county court, sees. 247-250. 
when lands selected are mortgaged, sec. 249. 
title to vest on payment of damages, sec. 250. 

TAXATION. (See School Taxes and School Moneys.) 

TEACHERS, dismissal of by town superintendent, sec. 22. 
in normal schools how appointed, sec. 29. 
in public schools must have certificate or permit, sec. 42. 
must be at least seventeen years of age, sec. 42. 
candidates for certificates may choose examination to attend, sec. 
49. 

failing to secure license may be re-examined when, sec. 51. 
holding State certificate to notify town superintendent, sec. 57. 
must submit certificate for inspection when requested, sec. 57. 
to be employed by school directors or prudential committee, sees. 
69, 170. 

to give certificate of attendance when, sec. 83. 
to give notice to directors of pupil's absence, sec. 87. 
no deduction from time of while attending teachers' institute or 
State teachers' association, sec. 96. 
not required to teach on holidays, sec. 97. 
to procure register of clerk, sec. 104. 

to keep daily record; to return register at end of term, sec. 104. 
register properly filled out entitled to certificate, sec. 105. 
school directors or prudential committee forbidden to pay when, 
sec. 173. 

duty of when pupil is not supplied with text-books, sec. 149. 
removal of, sees. 170, 69. 



INDEX. 85 

TEACHERS, EXAMINER OP. (See Examiner of Teachers.) 

TEACHERS' INSTITUTES, sees. 5-8. 
expense of, sec. 8. 
how conducted, sees. 6, 7. 
arrangements for, sec. 14. 

no deduction from time while teacher is in attendance upon, sec. 
96. 

TEXT BOOKS, how selected, sec. 137. 

use of books other than those selected unlawful; exception, sec. 

138. 

contract of publishers of, sec. 139. 

in case of failure of publishers to supply how provided, sec. 

140. 
sale of how arranged; price, sec. 141. 
expense of publishing report, how paid, sec. 142. 
penalty for accepting gratuity for selecting, sees. 143, 153. 
what books furnished by State, sec. 144. 

regulations concerning, sec. 145. 

town clerk to perform duties concerning, sees. 145, 146. 

to forward estimate of books required, sec. 146. 

secretary of State to procure and forward, sec. 147. 

such books to remain property of State, sec. 148. 
pupils to be provided with when parent, etc., neglects, sec. 149. 
price to be added to tax of parent, etc. ; may be omitted, sec. 151. 
town or district may by vote purchase books for use in its schools, 
sec. 152. 

TOWN CENTRAL SCHOOLS, school directors may establish, sec. 72. 

TOWN CLERK, to receive registers and forward receipt therefor.sec. 102. 
to make out and return statistics to State superintendent of edu- 
cation, sec. 108. 

compensation for services, sec. 110. 

to perform duties relating to books furnished by State, sees. 145,146. 
to distribute and reclaim books furnished by State, sec. 148. 
to examine clerks' returns of births and death, sec. 283. 
if correct to issue certificate, sec. 283. 

TOWN SUPERINTENDENT OF SCHOOLS, how appointed; compensa- 
tion, sec. 18. 

term of office of, sec. 19. 
duties of, sees. 18, 20, 21. 

to make recommendations to school directors, sec. 21. 
may dismiss incompetent^eachers, sec. 22. 



86 INDEX. 

directors of town and graded school district may unite to appoint, 

sec. 33. 

of two or more towns, sees. 24-27. 

in what case may directors unite, sec. 24. 

directors to form joint committee, sec. 25. 
time of meeting; organization, sec. 25. 

salary of, how determined ; limit, sec. 25. 

towns to receive from State portion of, sec. 27. 

graded school districts may unite with, sec. 26. 
to appoint to scholarships in normal schools, sec. 34. 
may recommend for scholarships, sec. 35. 
teacher holding State certificate to notify, sec. 57. 
may issue permits, sec. 58. 

may inquire concerning employment of school children in mill or 
factory, sec. 84. 

penalty for receiving gratuity for recommending choice of books 
or purchase of furniture or supplies, sec. 153. . 
may make regulations concerning schools, sec. 170. 

which to prevail when conflicting, sec. 170. 
may direct the work of special superintendents, sec. 188. 
duties with reference to appropriation of school funds, sec. 219. 

division of public money, sec. 228. 
to make recommendations concerning school houses, etc. sec. 231. 

TOWN SYSTEM OP SCHOOLS, maintenance of schools under, sees. 
60-78. 

school districts abolished; exceptions, sec. 60. 
towns to take charge of school houses, etc., sec. 62. 
debts to be paid by town ; debts paid by district, sec. 62. 
towns to provide and maintain school houses, etc., sec. 64. 
towns to elect board of three or six school directors, sec. 67. 
term of office of; eligibility; vacancy, sec. 67. 
voted for upon separate ballot, sec. 68. 
number of schools required; time and place of holding, sec. 71. 
number of weeks of school required, sec. 71. 

pupils may be conveyed to and from school at expense of town, 
sec. 71. 

branches to be taught in public schools, sec. 71. 
school directors of towns heretofore using town system continued 
in office, sec. 156. 

TRAINING SCHOOLS, department of graded schools, sec. 41. 
object of ; examining board in, sec. 41. 

TREASURER, SCHOOL DISTRICT, election; term of office, sec. 160. 
duties of; bond maybe required, sec. 168. 



INDEX. 8T 

to be member of board for abatement of taxes, sec. 210. 
public money to be paid by selectmen, sec. 220. 

TREASURER, TOWN, to keep a separate account of school funds, sec.113. 
TRUANCY, what children shall attend school, sec. 82. 

children under fourteen not to work in mill or factory when, 

sec. 83. 

employment of children under fourteen forbidden when, sec. 85. 

penalty for unlawful employment, sec. 86. 
complaint in violation of truancy law, sec. 91. 
truant oflS.cers, appointment of, sec. 81. 

on failure to appoint, who are, sec. 81. 

to make complaint when children are unlawfully employed, 

sec. 86. 

to inquire into absence of pupils and take measures to prevent, 

sec. 87. 

to arrest child who is a truant, sec. 89. 

to complain of and arrest pai-ent, etc., when, sec. 90. 

penalty for failure to perform duty, sec. 92. 

compensation of, sec. 93. 

TRUANT OFFICERS, powers and duties, sees. 81-93 (see Truancy). 

U 
UNION SCHOOLS, certificate of teachers in, continued in force, sec. 53. 

UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COL- 
LEGE, appropriation in aid of, sec. 272. 
scholarships in; senators to appoint to, sec. 272, 

appointment to, when senators fail to make, sec. 274. 
preference to be given to candidates for agricultural depart- 
ment, sec. 275. 

UNITED STATES DEPOSIT MONEY (see School Taxes and School Mon- 
eys). 

UNORGANIZED TOWNS, schools in not affected by act abolishing 
school districts, sec. 60. 
State school ta-x, how assessed in, sec. 133. 
division of public money among districts in, sec. 120. 
how divided by State treasurer, sees. 222, 223. 

V 

VACANCY, in office of State superintendent of education, how filled, 
sec. 1. 

in office of examiner of teachers, how filled, sec. 13. 
in school district offices, how filled, sec. 175. 
in board of school directors, how filled, sec. 67. 



00 INDEX, 

VOTERS, in graded school districts not entitled to vote in town meeting 

on school questions, sec. 61. 

rights of women as, sec. 68. 

who are voters in school district meetings; challenge of voters, 

sec. 179. 

may petition for call of school meetings; number required, sec. 

176. 

may apply to selectmen to locate school house, sec. 234. 

may apply for an order when destrict neglects to provide, sec. 

236. 

may apply for school when district neglects to maintain, sec. 197. 
VOTE, right to, how determined, sec. 179. 

W. 

"WOMEN, rights of as voters on school questions in town, city and dis- 
trict meetings, sec. 68. 
rights of to hold school offices, sec. 68. 



LIBRARY OF CONGRESS 



019 748 504 8 



